Common use of Facilities and Permitted Use Thereof Clause in Contracts

Facilities and Permitted Use Thereof. The Building and related equipment, furnishings, and property improvements, including any athletic fields and related improvements, and the Land on which the Building and related improvements are located, are collectively referred to herein as the “Facilities.” The Parties acknowledge that all Facilities are owned by IPS. Beginning on June 15, 2016 (“Possession Date”), and during the Term of this Agreement, Operator may use and occupy the Facilities solely for the operation of the School as permitted by this Agreement and Applicable Law. Operator may permit use of the Facilities by persons or groups associated with it for functions and educational activities consistent with the use of a public school building, and in accordance with IPS policies regarding facility use or an alternative policy agreed to by the Parties. To the extent the Operator wishes to use the facilities for educational activities, separate from the School but associated with its educational purposes, Operator will seek approval from IPS, and such approval shall not be unreasonably denied. Operator shall not use or permit the use of the Facilities for any purpose not permitted by this Agreement or for any purpose that would be deemed to be a public or private nuisance. Operator shall abide by all reasonable rules and regulations established by IPS for purposes of reasonably protecting and preserving the Facilities. At least annually, Operator will make a good faith determination as to whether it will use all the equipment, furniture, furnishings, and other personal property of IPS in the Facilities permitted to be used by Operator in connection with its operation of the School (the “Furnishings”). To the extent there are such Furnishings that Operator has determined it is not using and will not use for such purposes, Operator will provide IPS with a list of such Furnishings, and IPS shall remove and use the Furnishings within thirty (30) days of submission of the annual equipment list. Operator will not be liable for maintenance or damages for equipment or furnishings left on the premises after such time period. The Furnishings shall include, without limitation, the computers in the Building’s computer lab as of the Commencement Date and one classroom set of iPads per grade level, with Operator to be responsible for any cost of maintenance, repair, or replacement of such items. The Parties agree that this Agreement shall not limit or restrict Operator from using and occupying the Facilities in the manner permitted by the Innovational Network School Agreement that is being separately entered into by the Parties for management of Riverside School 44 (“Management Agreement”).

Facilities and Permitted Use Thereof. The Building and related equipment, furnishings, and property improvements, including any athletic fields and related improvements, and the Land on which the Building and related improvements are located, are collectively referred to herein as the “Facilities.” The Parties acknowledge that all Facilities are owned by IPS. Beginning on June 15, 2016 2017 (“Possession Date”), and during the Term of this Agreement, Operator may use and occupy the Facilities solely for the operation of the School as permitted by this Agreement and Applicable Law. Operator may permit use of the Facilities by persons or groups associated with it for functions and educational activities consistent with the use of a public school building, and in accordance with IPS policies regarding facility use or an alternative policy agreed to by the Parties. To the extent the Operator wishes to use the facilities for educational activities, separate from the School but associated with its educational purposes, Operator will seek approval from IPS, and such approval shall not be unreasonably denied. Operator shall not use or permit the use of the Facilities for any purpose not permitted by this Agreement or for any purpose that would be deemed to be a public or private nuisance. Operator shall abide by all reasonable rules and regulations established by IPS for purposes of reasonably protecting and preserving the Facilities. At least annually, Operator will make a good faith determination as to whether it will use all the equipment, furniture, furnishings, and other personal property of IPS in the Facilities permitted to be used by Operator in connection with its operation of the School (the “Furnishings”). To the extent there are such Furnishings that Operator has determined it is not using and will not use for such purposes, Operator will provide IPS with a list of such Furnishings, and IPS shall remove and use the Furnishings within thirty (30) days of submission of the annual equipment list. Operator will not be liable for maintenance or damages for equipment or furnishings Furnishings left on the premises after such time period. The Furnishings shall include, without limitation, the computers and electronic devices owned by IPS that are in the Building’s computer lab Building as of the Commencement Date and one classroom set of iPads per grade levelDate, with Operator to be responsible for any cost of maintenance, repair, or replacement of such items. The Parties agree that this Agreement Furnishings shall not limit include any items that, by Applicable Law, may not be used by Operator in connection with its operation of the School or restrict Operator from using and occupying the Facilities in the manner permitted that must otherwise be retained by the Innovational Network School Agreement that is being separately entered into by the Parties for management of Riverside School 44 (“Management Agreement”)IPS.

Facilities and Permitted Use Thereof. The Building and Building, any related equipment, furnishings, equipment and property improvementsimprovements located at the Building, including any athletic fields and related improvementsfurnishings owned by IPS, and the Land land on which the Building and related improvements improvements, including any athletic fields, are locatedlocated (“Land”), are collectively referred to herein as the “Facilities.” The Parties acknowledge that all Facilities and are owned by IPS. Any personal property located at the Building that is owned by Operator shall remain the property of Operator unless the Parties expressly agree otherwise. Beginning on June 15, 2016 2020 (“Possession Date”), and during the Term of this Agreement, Operator may use and occupy the Facilities solely for the operation of the School as permitted by this Agreement and Applicable Law. Except as otherwise set forth in this Agreement or expressly agreed to in writing by the Parties, such use and occupancy of the Facilities shall be at no cost to Operator. Operator may permit use of the Facilities by persons or groups associated with it for functions and educational activities consistent with the use of a public school building, and in accordance with IPS policies regarding facility use or an alternative policy agreed to by the Parties. To the extent the Operator wishes to use the facilities for educational activities, activities separate from the School but associated with its educational purposes, Operator will seek approval from IPS, and such approval shall not be unreasonably denied. Operator shall not use or permit the use of the Facilities for any purpose not permitted by this Agreement or for any purpose that would be deemed to be a public or private nuisance. Operator shall abide by all reasonable rules and regulations established by IPS for purposes of reasonably protecting and preserving the Facilities. At least annually, Operator will make a good faith determination as to whether it will continue to use all the equipment, furniture, furnishings, and other personal property of owned by IPS in within the Facilities that Operator is permitted to be used by Operator use in connection with its operation of the School (the “Furnishings”). To the extent there are such Furnishings that Operator has determined it is not using and will not use for such purposes, Operator will provide IPS with a list of such Furnishings, and IPS shall remove and use the Furnishings within thirty (30) 30 days of submission of the annual equipment list. Operator will not be liable for maintenance or damages for equipment or furnishings such Furnishings left on the premises after such time period. The Furnishings shall include, without limitation, the computers in the Building’s computer lab as of the Commencement Date and one classroom set of iPads per grade level, with Operator to be responsible for any cost of maintenance, repair, or replacement of such items. The Parties agree that this Agreement shall not limit or restrict Operator from using and occupying the Facilities in the manner permitted by the Innovational Network School Agreement that is being separately entered into by the Parties for management of Riverside School 44 (“Management Agreement”).

Facilities and Permitted Use Thereof. The Building and related equipment, furnishings, and property improvements, including any athletic fields and related improvements, and the Land on which the Building and related improvements are located, are collectively referred to herein as the “Facilities.” The Parties acknowledge that all Facilities are owned by IPS. Beginning on June 15, 2016 (“Possession the Commencement Date”), and during the Term of this Agreement, Operator may use and occupy the Facilities solely for the operation of the School as permitted by this Agreement and Applicable Law. Operator may permit use of the Facilities by persons or groups associated with it for functions and educational activities consistent with the use of a public school building, and in accordance with IPS policies regarding facility use or an alternative policy agreed to by the Parties. To the extent the Operator wishes to use the facilities for educational activities, separate from the School but associated with its educational purposesbusiness, Operator will seek approval from IPS, and such approval shall not be unreasonably denied. Operator shall not use or permit the use of the Facilities for any purpose not permitted by this Agreement or for any purpose that would be deemed to be a public or private nuisance. Operator shall abide by all reasonable rules and regulations established by IPS for purposes of reasonably protecting and preserving the Facilities. At least annually, Operator will make a good faith determination as to whether it will use all the equipment, furniture, furnishings, and other personal property of IPS in the Facilities that is permitted to be used by Operator in connection with its operation of the School (the “Furnishings”). To the extent there are such Furnishings that Operator has determined it is not using and will not use for such purposes, Operator will provide IPS with a list of such Furnishings, and IPS shall remove and use the Furnishings within thirty (30) 30 days of submission of the annual equipment list. Operator will not be liable for maintenance or damages for equipment or furnishings left on the premises after such time period. The Furnishings shall include, without limitation, the computers in the Building’s computer lab as of the Commencement Date and one classroom set of iPads per grade level, with Operator to be responsible for any cost of maintenance, repair, or replacement of such items. The Parties agree that this Agreement shall not limit or restrict Operator from using and occupying the Facilities in the manner permitted by the Innovational Network School Agreement that is being separately entered into by the Parties for management of Riverside School 44 (“Management Agreement”).

Facilities and Permitted Use Thereof. (i) The Building and Building, (ii) any related equipmentproperty improvements located at the Building, furnishings, and property improvements, including any athletic fields and related improvements, and (iii) the Land land on which the Building and related improvements improvements, including any athletic fields, are locatedlocated (“Land”), and (iv) personal property, equipment, fixtures, furniture, and furnishing, owned by IPS contained in the Building or the Land (the “Furnishings”), are collectively referred to herein sometimes hereinafter as the either “Facility” or “Facilities.” The Parties acknowledge that all Facilities and are owned by IPS. Beginning Any personal property, including, but not limited to, equipment, fixtures, furniture, and furnishings located at the Building that is owned by Operator shall remain the property of Operator unless the Parties expressly agree otherwise. Operator shall be permitted to obtain entry into the Building as soon as reasonably practicable following the date on which IPS acquires possession (“Acquisition Date”) of the Facilities from the Occupant, but no later than June 1530, 2016 2020 (“Possession Date”). On or before April 30, 2020, IPS shall provide Operator with the anticipated Possession Date. Beginning on the Possession Date, and during the Term of this AgreementAgreement and any subsequent renewals, Operator may use and occupy the Facilities solely for the operation of the School, of DORS pursuant to the DORS Agreement, of Manual High School pursuant to the Manual Agreement, and for other purposes expressly permitted by this Agreement, any other written agreement, between the Parties, and in and the Ancillary Services as permitted by this Agreement and accordance with Applicable Law. Except as otherwise set forth in this Agreement or expressly agreed to in writing by the Parties, such use and occupancy of the Facilities shall be at no cost to Operator. Operator may permit use of the Facilities by persons or groups associated with it for functions and educational activities consistent with the use of a public school building, and in accordance with IPS policies regarding facility use or an alternative policy agreed to by the Parties. To the extent the Operator wishes to use the facilities Facilities for educational activities, activities separate from the School but associated with its educational purposes, Operator will seek approval from IPS, and such approval shall not be unreasonably withheld or denied. Except as otherwise provided herein, Operator shall not use or permit the use of the Facilities for any purpose not permitted by this Agreement or for any purpose that would be deemed to be a public or private nuisance. Operator shall abide by all reasonable rules and regulations established by IPS for purposes of reasonably protecting and preserving the Facilities. The Parties agree that a comprehensive listing of all Furnishings shall be compiled jointly by IPS and Operator at a time no later than when the Operator takes possession of the Facilities and shall then be incorporated into this Agreement by reference. At least annually, Operator will make a good faith determination as to whether it will continue to use all the equipment, furniture, furnishings, and other personal property of Furnishings owned by IPS in the Facilities permitted to be used by Operator in connection with its operation of the School (the “Furnishings”)School. To the extent there are such Furnishings that Operator has determined it is not using and will not use for such purposes, Operator will provide IPS with a list of such Furnishings, and IPS shall remove and use the Furnishings on such list within thirty (30) days a reasonable time of submission of the annual equipment list. Operator will not be liable for maintenance or damages for equipment or furnishings such Furnishings left on the premises after such time period. The Furnishings shall include, without limitation, the computers in the Building’s computer lab as of the Commencement Date and one classroom set of iPads per grade level, with Operator to be responsible for any cost of maintenance, repair, or replacement of such items. The Parties agree that this Agreement shall not limit or restrict Operator from using and occupying the Facilities in the manner permitted by the Innovational Network School Agreement that is being separately entered into by the Parties for management of Riverside School 44 (“Management Agreement”).

Facilities and Permitted Use Thereof. The Building and related equipment, furnishings, and property improvements, including any athletic fields and related improvements, and the Land on which the Building and related improvements are located, are collectively referred to herein as the “Facilities.” The Parties acknowledge that all Facilities are owned by IPS. Beginning on June 15, 2016 (“Possession Date”), and during the Term of this Agreement, Operator may use and occupy the Facilities solely for the operation of the School as permitted by this Agreement and Applicable Law. Operator may permit use of the Facilities by persons or groups associated with it for functions and educational activities consistent with the use of a public school building, and in accordance with IPS policies regarding facility use or an alternative policy agreed to by the Parties. To the extent the Operator wishes to use the facilities for educational activities, separate from the School but associated with its educational purposes, Operator will seek approval from IPS, and such approval shall not be unreasonably denied. Operator shall not use or permit the use of the Facilities for any purpose not permitted by this Agreement or for any purpose that would be deemed to be a public or private nuisance. Operator shall abide by all reasonable rules and regulations established by IPS for purposes of reasonably protecting and preserving the Facilities. At least annually, Operator will make a good faith determination as to whether it will use all the equipment, furniture, furnishings, and other personal property of IPS in the Facilities permitted to be used by Operator in connection with its operation of the School (the “Furnishings”). To the extent there are such Furnishings that Operator has determined it is not using and will not use for such purposes, Operator will provide IPS with a list of such Furnishings, and IPS shall remove and use the Furnishings within thirty (30) days of submission of the annual equipment list. Operator will not be liable for maintenance or damages for equipment or furnishings left on the premises after such time period. The Furnishings shall includeBy no later than April 15, without limitation2016, the computers Parties shall work together in good faith to determine whether there is a need for any new, additional, or updated Furnishings for use in the Building’s computer lab as of the Commencement Date and one classroom set of iPads per grade levelSchool and, with Operator to if so, how such additional Furnishings will be responsible for any cost of maintenance, repair, or replacement of such itemsacquired. The Parties agree that this Agreement shall not limit or restrict Operator from using and occupying the Facilities in the manner permitted by the Innovational Network School Agreement that is being separately entered into by the Parties for management of Riverside School 44 Xxxxx Xxxxxx Academy 69 (“Management Agreement”).

Facilities and Permitted Use Thereof. The Building and Building, any related equipment, furnishings, equipment and property improvementsimprovements located at the Building, including any athletic fields and related improvementsfurnishings owned by IPS, and the Land land on which the Building and related improvements improvements, including any athletic fields, are locatedlocated (“Land”), are collectively referred to herein as the “Facilities.” The Parties acknowledge that all Facilities and are owned by IPS. Beginning on June 15, 2016 (“Possession Date”), and during Any personal property located at the Building that is owned by Operator shall remain the property of Operator unless the Parties expressly agree otherwise. During the Term of this Agreement, Operator may use and occupy the Facilities solely for the operation of the School as permitted by this Agreement and Applicable Law. Except as otherwise set forth in this Agreement or expressly agreed to in writing by the Parties, such use and occupancy of the Facilities shall be at no cost to Operator. Operator may permit use of the Facilities by persons or groups associated with it for functions and educational activities consistent with the use of a public school building, and in accordance with IPS policies regarding facility use or an alternative policy agreed to by the Parties. To the extent the Operator wishes to use the facilities for educational activities, activities separate from the School but associated with its educational purposes, Operator will seek approval from IPS, and such approval shall not be unreasonably denied. Operator shall not use or permit the use of the Facilities for any purpose not permitted by this Agreement or for any purpose that would be deemed to be a public or private nuisance. Operator shall abide by all reasonable rules and regulations established by IPS for purposes of reasonably protecting and preserving the Facilities. At least annually, Operator will Operatorwill make a good faith determination as to whether it will continue to use all the equipment, furniture, furnishings, and other personal property of owned by IPS in within the Facilities that Operator is permitted to be used by Operator use in connection with its operation of the School (the “Furnishings”). To the extent there are such Furnishings that Operator has determined it is not using and will not use for such purposes, Operator will provide IPS with a list of such Furnishings, and IPS shall remove and use the Furnishings within thirty (30) days of submission of the annual equipment list. Operator will not be liable for maintenance or damages for equipment or furnishings left on the premises after such time period. The Furnishings shall include, without limitation, the computers in the Building’s computer lab as of the Commencement Date and one classroom set of iPads per grade level, with Operator to be responsible for any cost of maintenance, repair, or replacement of such items. The Parties agree that this Agreement shall not limit or restrict Operator from using and occupying the Facilities in the manner permitted by the Innovational Network School Agreement that is being separately entered into by the Parties for management of Riverside School 44 (“Management Agreement”).thirty

Facilities and Permitted Use Thereof. The Building and Building, any related equipment, furnishings, equipment and property improvementsimprovements located at the Building, including any athletic fields and related improvementsfurnishings owned by IPS, and the Land land on which the Building and related improvements improvements, including any athletic fields, are locatedlocated (“Land”), are collectively referred to herein as the “Facilities.” The Parties acknowledge that all Facilities and are owned by IPS. Beginning on June 15, 2016 2020, or as soon as practicable thereafter following the date on which IPS regains possession of the Facilities (“Possession Date”), and during the Term of this Agreement, Operator may use and occupy the Facilities solely for the operation of the School as permitted by this Agreement and Applicable Law. Except as otherwise set forth in this Agreement or expressly agreed to in writing by the Parties, such use and occupancy of the Facilities shall be at no cost to Operator. Operator may permit use of the Facilities by persons or groups associated with it for functions and educational activities consistent with the use of a public school building, and in accordance with IPS policies regarding facility use or an alternative policy agreed to by the Parties. To the extent the Operator wishes to use the facilities Facilities for educational activities, activities separate from the School but associated with its educational purposes, Operator will seek approval from IPS, and such approval shall not be unreasonably denied. Operator shall not use or permit the use of the Facilities for any purpose not permitted by this Agreement or for any purpose that would be deemed to be a public or private nuisance. Operator shall abide by all reasonable rules and regulations established by IPS for purposes of reasonably protecting and preserving the Facilities. The Parties agree that IPS will prepare a comprehensive listing of all equipment, furniture, furnishings, and other personal property owned by IPS within the Facilities that Operator is permitted to use in connection with its operation of the School (the “Furnishings”) as soon as practicable following the date on which IPS regains access to the Facilities sufficient to prepare such a list, and that such list in a draft form shall be provided to Operator. At a time no later than when the Operator takes possession of the Facilities, the Parties shall jointly walk through the Building, verify the listing of all Furnishings, and prepare a final list of Furnishings, which shall then be incorporated into this Agreement by reference. At least annually, Operator will make a good faith determination as to whether it will continue to use all the equipment, furniture, furnishings, and other personal property of IPS in the Facilities permitted to be used by Operator in connection with its operation of the School (the “Furnishings”). To the extent there are such Furnishings that Operator has determined it is not using and will not use for such purposes, Operator will provide IPS with a list of such Furnishings, and IPS shall remove and use the Furnishings within thirty (30) 30 days of submission of the annual equipment list. Operator will not be liable for maintenance or damages for equipment or furnishings such Furnishings left on the premises after such time period. The Furnishings Upon conclusion or termination of this Agreement, any personal property located at the Building that is owned by the Operator shall include, without limitation, remain the computers in the Building’s computer lab as property of the Commencement Date and one classroom set of iPads per grade level, with Operator to be responsible for any cost of maintenance, repair, or replacement of such items. The Parties agree that this Agreement shall not limit or restrict Operator from using and occupying the Facilities in the manner permitted by the Innovational Network School Agreement that is being separately entered into by unless the Parties for management of Riverside School 44 (“Management Agreement”)expressly agree otherwise.

Facilities and Permitted Use Thereof. The Building and Building, any related equipment, furnishings, equipment and property improvementsimprovements located at the Building, including any athletic fields and related improvementsfurnishings owned by IPS, and the Land land on which the Building and related improvements improvements, including any athletic fields, are locatedlocated (“Land”), are collectively referred to herein as the “Facilities.” The Parties acknowledge that all Facilities and are owned by IPS. Any personal property located at the Building that is owned by Operator shall remain the property of Operator unless the Parties expressly agree otherwise. Beginning on June 15July 1, 2016 2020 (“Possession Date”), and during the Term of this Agreement, Operator may use and occupy the Facilities solely for the operation of the School as permitted by this Agreement and Applicable Law. Except as otherwise set forth in this Agreement or expressly agreed to in writing by the Parties, such use and occupancy of the Facilities shall be at no cost to Operator. Operator may permit use of the Facilities by persons or groups associated with it for functions and educational activities consistent with the use of a public school building, and in accordance with IPS policies regarding facility use or an alternative policy agreed to by the Parties. To the extent the Operator wishes to use the facilities for educational activities, activities separate from the School but associated with its educational purposes, Operator will seek approval from IPS, and such approval shall not be unreasonably denied. Operator shall not use or permit the use of the Facilities for any purpose not permitted by this Agreement or for any purpose that would be deemed to be a public or private nuisance. Operator shall abide by all reasonable rules and regulations established by IPS for purposes of reasonably protecting and preserving the Facilities. At least annually, Operator will make a good faith determination as to whether it will continue to use all the equipment, furniture, furnishings, and other personal property of owned by IPS in within the Facilities that Operator is permitted to be used by Operator use in connection with its operation of the School (the “Furnishings”). To the extent there are such Furnishings that Operator has determined it is not using and will not use for such purposes, Operator will provide IPS with a list of such Furnishings, and IPS shall remove and use the Furnishings within thirty (30) 30 days of submission of the annual equipment list. Operator will not be liable for maintenance or damages for equipment or furnishings such Furnishings left on the premises after such time period. U se and Rental by Community Groups. The Furnishings shall include, without limitation, the computers in the Building’s computer lab as use or rental of the Commencement Date Facilities by third parties (“Community Groups”) shall be prohibited without the consent of IPS, which may be withheld in its sole discretion. Any use or rental by a Community Group pursuant to this Section 8.02 shall require that such Community Groups execute the standard form use and one classroom set waiver documents, and provide evidence of iPads per grade levelappropriate insurance (including without limitation commercial general liability and worker’s compensation coverage), as then may be required by IPS, and that the payment and receipt of any proceeds derived by any such use or rental shall comply with Operator to be responsible for any cost of maintenance, repair, or replacement of such itemsthe then applicable IPS policy and Applicable Law. The Parties agree that this Agreement term Community Groups shall not limit or restrict Operator from using and occupying include organizations permitted to use the Facilities in the manner permitted by the Innovational Network School Agreement that is being separately entered into by the Parties for management of Riverside School 44 (“Management Agreement”)accordance with Section 8.01 above.

Facilities and Permitted Use Thereof. (i) The Building and Building, (ii) any related equipmentproperty improvements located at the Building, furnishings, and property improvements, including any athletic fields and related improvements, and (iii) the Land land on which the Building and related improvements improvements, including any athletic fields, are locatedlocated (“Land”), and (iv) personal property, equipment, fixtures, furniture, and furnishing, owned by IPS contained in the Building or on the Land (the “Furnishings”), are collectively referred to herein sometimes hereinafter as the either “Facility” or “Facilities.” The Parties acknowledge that all Facilities and are owned by IPS. Beginning Any personal property, including, but not limited to, equipment, fixtures, furniture, and furnishings located at the Building that is owned by Operator shall remain the property of Operator unless the Parties expressly agree otherwise. Operator shall be permitted to obtain entry into the Building as soon as reasonably practicable following the date on June 15which IPS acquires possession (“Acquisition Date”) of the Facilities from the Occupant, 2016 but no later than July 1, 2020 (“Possession Date”)) or as otherwise agreed by the Parties. Beginning on the Possession Date, and during the Term of this AgreementAgreement and any subsequent renewals, Operator may use and occupy the Facilities solely for the operation of the School as any purposes expressly permitted by this Agreement and any other written agreement between the Parties, and in accordance with Applicable Law. Except as otherwise set forth in this Agreement or expressly agreed to in writing by the Parties, such use and occupancy of the Facilities shall be at no cost to Operator. Operator may permit use of the Facilities by persons or groups associated with it for functions and educational activities consistent with the use of a public school building, and in accordance with IPS policies regarding facility use or an alternative policy agreed to by the Parties. To the extent the Operator wishes to use the facilities Facilities for educational activities, activities separate from the School but associated with its educational purposes, Operator will seek approval from IPS, and such approval shall not be unreasonably withheld or denied. Except as otherwise provided herein, Operator shall not use or permit the use of the Facilities for any purpose not permitted by this Agreement or for any purpose that would be deemed to be a public or private nuisance. Operator shall abide by all reasonable rules and regulations established by IPS for purposes of reasonably protecting and preserving the Facilities. The Parties agree that a comprehensive listing of all Furnishings shall be compiled jointly by IPS and Operator at or around the Possession Date. At least annually, Operator will make a good faith determination as to whether it will continue to use all the equipment, furniture, furnishings, and other personal property of Furnishings owned by IPS in the Facilities permitted to be used by Operator in connection with its operation of the School (the “Furnishings”)School. To the extent there are such Furnishings that Operator has determined it is not using and will not use for such purposes, Operator will provide IPS with a list of such Furnishings, and IPS shall remove and use the Furnishings on such list within thirty (30) days a reasonable time of submission of the annual equipment list. Operator will not be liable for maintenance or damages for equipment or furnishings to such Furnishings left on the premises after such time period. The Furnishings shall include, without limitation, the computers in the Building’s computer lab as of the Commencement Date and one classroom set of iPads per grade level, with Operator to be responsible for any cost of maintenance, repair, or replacement of such items. The Parties agree that this Agreement shall not limit or restrict Operator from using and occupying the Facilities in the manner permitted by the Innovational Network School Agreement that is being separately entered into by the Parties for management of Riverside School 44 (“Management Agreement”).

Facilities and Permitted Use Thereof. The Building and related equipment, furnishings, and property improvements, including any athletic fields and related improvements, and the Land land on which the Building and related improvements are locatedlocated (“Land”), are collectively referred to herein as the “Facilities.” The Parties acknowledge that all Facilities are owned by IPS. Beginning on June 15, 2016 2017 (“Possession Date”), and during the Term of this Agreement, Operator may use and occupy the Facilities solely for the operation of the School as permitted by this Agreement and Applicable Law. Operator may permit use of the Facilities by persons or groups associated with it for functions and educational activities consistent with the use of a public school building, and in accordance with IPS policies regarding facility use or an alternative policy agreed to by the Parties. To the extent the Operator wishes to use the facilities for educational activities, separate from the School but associated with its educational purposes, Operator will seek approval from IPS, and such approval shall not be unreasonably denied. Operator shall not use or permit the use of the Facilities for any purpose not permitted by this Agreement or for any purpose that would be deemed to be a public or private nuisance. Operator shall abide by all reasonable rules and regulations established by IPS for purposes of reasonably protecting and preserving the Facilities. At least annually, Operator will make a good faith determination as to whether it will use all the equipment, furniture, furnishings, and other personal property of IPS in the Facilities permitted to be used by Operator in connection with its operation of the School (the “Furnishings”). To the extent there are such Furnishings that Operator has determined it is not using and will not use for such purposes, Operator will provide IPS with a list of such Furnishings, and IPS shall remove and use the Furnishings within thirty (30) 30 days of submission of the annual equipment list. Operator will not be liable for maintenance or damages for equipment or furnishings such Furnishings left on the premises after such time period. The Furnishings shall include, without limitation, the computers in the Building’s computer lab as of the Commencement Date and one classroom set of iPads per grade level, with Operator to be responsible for any cost of maintenance, repair, or replacement of such items. The Parties agree that this Agreement shall not limit or restrict Operator from using and occupying the Facilities in the manner permitted by the Innovational Network School Agreement that is being separately entered into by the Parties for management of Riverside School 44 (“Management Agreement”).

Facilities and Permitted Use Thereof. The Building and related equipment, furnishings, and property improvements, including any athletic fields and related improvements, and the Land land on which the Building and related improvements are locatedlocated (“Land”), are collectively referred to herein as the “Facilities.” The Parties acknowledge that all Facilities are owned by IPS. Beginning on June 15, 2016 (“Possession Date”), and during the Term of this Agreement, Operator may use and occupy the Facilities solely for the operation of the School as permitted by this Agreement and Applicable Law. Operator may permit use of the Facilities by persons or groups associated with it for functions and educational activities consistent with the use of a public school building, and in accordance with IPS policies regarding facility use or an alternative policy agreed to by the Parties. To the extent the Operator wishes to use the facilities for educational activities, separate from the School but associated with its educational purposes, Operator will seek approval from IPS, and such approval shall not be unreasonably denied. Operator shall not use or permit the use of the Facilities for any purpose not permitted by this Agreement or for any purpose that would be deemed to be a public or private nuisance. Operator shall abide by all reasonable rules and regulations established by IPS for purposes of reasonably protecting and preserving the Facilities. At least annually, Operator will make a good faith determination as to whether it will use all the equipment, furniture, furnishings, and other personal property of IPS in the Facilities permitted to be used by Operator in connection with its operation of the School (the “Furnishings”). To the extent there are such Furnishings that Operator has determined it is not using and will not use for such purposes, Operator will provide IPS with a list of such Furnishings, and IPS shall remove and use the Furnishings within thirty (30) days of submission of the annual equipment list. Operator will not be liable for maintenance or damages for equipment or furnishings left on the premises after such time period. The Furnishings shall include, without limitation, the computers in the Building’s computer lab as of the Commencement Date and one classroom set of iPads per grade level, with Operator to be responsible for any cost of maintenance, repair, or replacement of such items. The Parties agree that this Agreement shall not limit or restrict Operator from using and occupying the Facilities in the manner permitted by the Innovational Network School Agreement that is being separately entered into by the Parties for management of Riverside School 44 (“Management Agreement”).

Facilities and Permitted Use Thereof. The Building and related equipment, furnishings, and property improvements, including any athletic fields and related improvements, and the Land land on which the Building and related improvements are locatedlocated (“Land”), are collectively referred to herein as the “Facilities.” The Parties acknowledge that all Facilities are owned by IPS. Beginning on June 15, 2016 2017 (“Possession Date”), and during the Term of this Agreement, Operator may use and occupy the Facilities solely for the operation of the School as permitted by this Agreement and Applicable Law. Operator may permit use of the Facilities by persons or groups associated with it for functions and educational activities consistent with the use of a public school building, and in accordance with IPS policies regarding facility use or an alternative policy agreed to by the Parties. To the extent the Operator wishes to use the facilities for educational activities, activities separate from the School but associated with its educational purposes, Operator will seek approval from IPS, and such approval shall not be unreasonably denied. Operator shall not use or permit the use of the Facilities for any purpose not permitted by this Agreement or for any purpose that would be deemed to be a public or private nuisance. Operator shall abide by all reasonable rules and regulations established by IPS for purposes of reasonably protecting and preserving the Facilities. At least annually, Operator will make a good faith determination as to whether it will use all the equipment, furniture, furnishings, and other personal property of IPS in the Facilities permitted to be used by Operator in connection with its operation of the School (the “Furnishings”). To the extent there are such Furnishings that Operator has determined it is not using and will not use for such purposes, Operator will provide IPS with a list of such Furnishings, and IPS shall remove and use the Furnishings within thirty (30) 30 days of submission of the annual equipment list. Operator will not be liable for maintenance or damages for equipment or furnishings such Furnishings left on the premises after such time period. The Furnishings shall include, without limitation, the computers and electronic devices owned by IPS that are in the Building’s computer lab Building as of the Commencement Date and one classroom set of iPads per grade levelDate, with Operator to be responsible for any cost of maintenance, repair, or replacement of such items. The Parties agree that this Agreement Furnishings shall not limit include any items that, by Applicable Law, may not be used by Operator in connection with its operation of the School or restrict Operator from using and occupying the Facilities in the manner permitted that must otherwise be retained by the Innovational Network School Agreement that is being separately entered into by the Parties for management of Riverside School 44 (“Management Agreement”)IPS.