Common use of Facilities; Locations Clause in Contracts

Facilities; Locations. The building(s) in which any school is to be located shall be known as its school facility (the “School Facility”). (a) Prior to May 15 of the year that any school intends to provide instruction for the first time, the Education Corporation shall have: (i) entered into a lease, purchase agreement or other such agreement that provides the Education Corporation with all rights and permissions necessary to operate the school in the School Facility according to the plan for the school set forth in the Terms of Operation (the “Facility Agreement”), which term includes financing agreements related to the facility the Education Corporation will enter into, and any master lease, sublease, or other similar agreement affecting the Facility Agreement or use of the School Facility. The Education Corporation shall provide the Trustees a copy of the Facility Agreement for review and approval, and a letter from counsel attesting counsel has reviewed the Facility Agreement, prior to the May 15 deadline; (ii) provided to the Trustees for review and approval a detailed schedule setting forth the steps necessary to make the School Facility ready for commencement of instruction, together with the dates upon which such steps will be completed (the “Facility Completion Schedule”). The Facility Completion Schedule shall indicate the permits and licenses required to be obtained prior to the Education Corporation being legally able to operate the school in the School Facility (including, but not limited to, a certificate of occupancy or equivalent) (collectively the “Permits”) with the dates on which each such Permit shall be obtained, a detailed construction / renovation timeline (if applicable), which describes the work to be completed and the dates when such work will be completed, and an updated and detailed budget for all costs associated with preparing the School Facility for occupancy; and, (iii) provided to the Trustees for review updated annual budgets (A) for the school for the remainder of the period of the Education Corporation has authority to operate the school, and (B) for the Education Corporation for the remainder of the Provisional Charter term, each reflecting the costs of the Facility Agreement in the form set forth in section 5.5 herein, provided, however, that unless the Trustees specifically request such budgets, same shall be due on the schedule required by section 5.5. (b) In the event the Education Corporation does not have a Facility Agreement in place by May 15 of the calendar year in which a school intends to first provide instruction at a School Facility, the school may not commence instruction until the start of the school year succeeding such scheduled start date, subject, however, to having (i) entered into a Facility Agreement, (ii) provided to the Trustees such agreement, attorney review, as well as the Facility Completion Schedule by May 15 of such succeeding year, and (iii) the subsequent approval of the Trustees. Notwithstanding the immediately foregoing sentence, the Trustees may waive the restrictions contained therein upon good cause shown and extend the date upon which the Facility Agreement and Facility Completion Schedule would be otherwise due. A failure to obtain the permission of the Trustees as specified above shall cause any Facility Agreement entered into without such permission to be voidable at the discretion of the Trustees. (c) In the event that the Trustees find, through their review of the Facility Completion Schedule, the Facility Agreement or any other inquiry or investigation, that it is unlikely that a School Facility will be completed and that all Permits will be obtained in time for the opening of the School Facility on the scheduled opening date, the Trustees may require the Education Corporation to delay the school’s commencement of instruction until the next academic year or such other date as the Trustees may designate. In the event that the Trustees require such delay, they shall provide their reasons in writing to the Education Corporation by July 15 of the year in which the school is then scheduled to provide instruction so long as the Education Corporation has complied with the requirements of this section. (d) Pursuant to Education Law § 2851(2)(j), and notwithstanding any contrary provision of this section, in the event that the Terms of Operation do not identify a School Facility for a particular school, the Education Corporation shall notify the Trustees and the Regents within ten (10) business days of such School Facility having been identified. (e) The Education Corporation shall take such actions as are necessary to ensure that the Facility Agreement and Permits for each School Facility are valid and in force at all times that the Education Corporation has authority to operate in such School Facility. Approvals of renewals or extensions of Facility Agreements shall follow the procedures set forth in this section or section 3.15, as applicable, provided that the Education Corporation need not provide a letter from counsel if the Facilities Agreement would be renewed on the same terms as the original.

Facilities; Locations. The building(s) in which any school is to be located shall be known as its school facility (the “School Facility”). (a) Prior to May 15 of the year that any school intends to provide instruction for the first time, the Education Corporation shall have: (i) entered into a lease, purchase agreement or other such agreement for such school that provides has been reviewed by counsel to the Education Corporation. The Education Corporation shall provide to the Trustees a letter from such counsel attesting to such review prior to the May 15 deadline. The lease, purchase agreement or other such agreement shall provide the Education Corporation with all rights and permissions as are necessary to operate the school as a school in the School Facility according to the plan for the school set forth in the Terms of Operation (the “Facility Agreement”), which term includes financing agreements related to the facility the Education Corporation will enter into, and any master lease, sublease, or other similar agreement affecting the Facility Agreement or use of the School Facility. The Education Corporation shall provide the Trustees a copy of the Facility Agreement for review and approval, and a letter from counsel attesting counsel has reviewed the Facility Agreement, prior to the May 15 deadline; (ii) provided to the Trustees for review and approval a copy of the Facility Agreement and a detailed schedule setting forth the steps necessary to make the School school Facility ready for commencement of instruction, together with the dates upon which such steps will be completed (the “Facility Completion Schedule”). The Facility Completion Schedule shall indicate the permits and licenses required to be obtained prior to the Education Corporation being legally able to operate the school in the School Facility (including, but not limited to, a certificate of occupancy or equivalentoccupancy) (collectively the “Permits”) with the dates on which each such Permit shall be obtained, a detailed construction / renovation timeline (if applicable), which describes the work to be completed and the dates when on which such work will be completed, and an updated and detailed budget for all costs associated with preparing the School Facility for occupancy; and, (iii) provided to the Trustees for review updated annual budgets budgets (A) for the school for the remainder of the period of the Education Corporation has authority to operate the school, and (B) for the Education Corporation for the remainder of the Provisional Charter term, each reflecting the costs of the Facility Agreement in the form set forth in section 5.5 herein, provided, however, that unless the Trustees specifically request such budgets, same shall be due on the schedule required by section 5.5. (b) In the event the Education Corporation does not have that a Facility Agreement is not in place by May 15 of the calendar year in which a school intends to first provide instruction at a School Facilityinstruction, the school may not commence instruction until the start of the school year succeeding such scheduled start datestart, subject, however, to having (i) entered into a Facility Agreement, (ii) provided to the Trustees such agreement, attorney review, agreement as well as the Facility Completion Schedule by May 15 of such succeeding year, and (iii) the subsequent approval of the Trustees. Notwithstanding the immediately foregoing sentence, the Trustees may waive the restrictions contained therein upon good cause shown and extend the date upon which the Facility Agreement and Facility Completion Schedule would be otherwise due. A failure to obtain the permission of the Trustees as specified above shall cause any Facility Agreement entered into without such permission to be voidable at the discretion of the Trustees. (c) In the event that the Trustees find, through their review of the Facility Completion Schedule, the Facility Agreement or any other inquiry or and investigation, that it is unlikely that a the School Facility will be completed and that all Permits will be obtained in time for the opening of the School Facility school on the school’s scheduled opening date, the Trustees may require the Education Corporation to delay the school’s commencement of instruction until the next academic year or such other date as the Trustees may designate. In the event that the Trustees require such delay, they shall provide their reasons in writing to the Education Corporation by July 15 of the year in which the school is then scheduled to provide instruction so long as the Education Corporation has complied with the requirements of this sectioninstruction. (d) Pursuant to Education Law § 2851(2)(j), and notwithstanding any contrary provision of this section, in the event that the Terms of Operation do not identify a School Facility school facility for a particular school, the Education Corporation shall notify the Trustees and the Regents within ten (10) business days of such School Facility having been identified. (e) The Education Corporation shall take such actions as are necessary to ensure that the Facility Agreement and Permits for each School Facility school and site are valid and in force at all times that the Education Corporation has authority to operate in such School Facilityschool or site. Approvals of renewals or extensions of Facility Agreements shall follow the procedures set forth in this section or section 3.15, as applicable, provided that the Education Corporation need not provide a letter from counsel if the Facilities Agreement would be renewed on the same terms as the original.

Facilities; Locations. The building(s) in which any school is to be located shall be known as its school facility (the “School Facility”). (a) Prior to May 15 of the year that any school intends to provide instruction for the first time, the Education Corporation shall have: (i) entered into a lease, purchase agreement or other such agreement for such school that provides has been reviewed by counsel to the Education Corporation. The Education Corporation shall provide to the Trustees a letter from such counsel attesting to such review prior to the May 15 deadline. The lease, purchase agreement or other such agreement shall provide the Education Corporation with all rights and permissions as are necessary to operate the school as a school in the School Facility according to the plan for the school set forth in the Terms of Operation (the “Facility Agreement”), which term includes financing agreements related to the facility the Education Corporation will enter into, and any master lease, sublease, or other similar agreement affecting the Facility Agreement or use of the School Facility. The Education Corporation shall provide the Trustees a copy of the Facility Agreement for review and approval, and a letter from counsel attesting counsel has reviewed the Facility Agreement, prior to the May 15 deadline; (ii) provided to the Trustees for review and approval a copy of the Facility Agreement and a detailed schedule setting forth the steps necessary to make the School school Facility ready for commencement of instruction, together with the dates upon which such steps will be completed (the “Facility Completion Schedule”). The Facility Completion Schedule shall indicate the permits and licenses required to be obtained prior to the Education Corporation being legally able to operate the school in the School Facility (including, but not limited to, a certificate of occupancy or equivalentoccupancy) (collectively the “Permits”) with the dates on which each such Permit shall be obtained, a detailed construction / renovation timeline (if applicable), which describes the work to be completed and the dates when on which such work will be completed, and an updated and detailed budget for all costs associated with preparing the School Facility for occupancy; and, (iii) provided to the Trustees for review updated annual budgets (A) for the school for the remainder of the period of the Education Corporation has authority to operate the school, and (B) for the Education Corporation for the remainder of the Provisional Charter term, each reflecting the costs of the Facility Agreement in the form set forth in section 5.5 herein, provided, however, that unless the Trustees specifically request such budgets, same shall be due on the schedule required by section 5.5. (b) In the event the Education Corporation does not have that a Facility Agreement is not in place by May 15 of the calendar year in which a school intends to first provide instruction at a School Facilityinstruction, the school may not commence instruction until the start of the school year succeeding such scheduled start datestart, subject, however, to having (i) entered into a Facility Agreement, (ii) provided to the Trustees such agreement, attorney review, agreement as well as the Facility Completion Schedule by May 15 of such succeeding year, and (iii) the subsequent approval of the Trustees. Notwithstanding the immediately foregoing sentence, the Trustees may waive the restrictions contained therein upon good cause shown and extend the date upon which the Facility Agreement and Facility Completion Schedule would be otherwise due. A failure to obtain the permission of the Trustees as specified above shall cause any Facility Agreement entered into without such permission to be voidable at the discretion of the Trustees. (c) In the event that the Trustees find, through their review of the Facility Completion Schedule, the Facility Agreement or any other inquiry or and investigation, that it is unlikely that a the School Facility will be completed and that all Permits will be obtained in time for the opening of the School Facility school on the school’s scheduled opening date, the Trustees may require the Education Corporation to delay the school’s commencement of instruction until the next academic year or such other date as the Trustees may designate. In the event that the Trustees require such delay, they shall provide their reasons in writing to the Education Corporation by July 15 of the year in which the school is then scheduled to provide instruction so long as the Education Corporation has complied with the requirements of this sectioninstruction. (d) Pursuant to Education Law § 2851(2)(j), and notwithstanding any contrary provision of this section, in the event that the Terms of Operation do not identify a School Facility school facility for a particular school, the Education Corporation shall notify the Trustees and the Regents within ten (10) business days of such School Facility having been identified. (e) The Education Corporation shall take such actions as are necessary to ensure that the Facility Agreement and Permits for each School Facility school and site are valid and in force at all times that the Education Corporation has authority to operate in such School Facilityschool or site. Approvals of renewals or extensions of Facility Agreements shall follow the procedures set forth in this section or section 3.15, as applicable, provided that the Education Corporation need not provide a letter from counsel if the Facilities Agreement would be renewed on the same terms as the original.

Facilities; Locations. The building(s) in which any school is to be located shall be known as its school facility (the “School Facility”). (a) Prior to May 15 of the year that any school intends to provide instruction for the first time, the Education Corporation shall have: (i) entered into a lease, purchase agreement agreement, or other such agreement that provides the Education Corporation with all rights and permissions necessary to operate the school in the School Facility according to the plan for the school set forth in the Terms of Operation (the “Facility Agreement”), which term includes terms include financing agreements related to the facility the Education Corporation will enter into, and any master lease, sublease, or other similar agreement affecting the Facility Agreement or use of the School Facility. The Education Corporation shall provide the Trustees a copy of the Facility Agreement for review and approval, and a letter from counsel attesting counsel has reviewed the Facility Agreement, prior to the May 15 deadline; (ii) provided to the Trustees for review and approval a detailed schedule setting forth the steps necessary to make the School Facility ready for commencement of instruction, together with the dates upon which such steps will be completed (the “Facility Completion Schedule”). The Facility Completion Schedule shall indicate the permits and licenses required to be obtained prior to the Education Corporation being legally able to operate the school in the School Facility (including, but not limited to, a certificate of occupancy or equivalent) (collectively the “Permits”) with the dates on which each such Permit shall be obtained, a detailed construction / construction/renovation timeline (if applicable), which describes the work to be completed and the dates when such work will be completed, and an updated and detailed budget for all costs associated with preparing the School Facility for occupancy; and, (iii) provided to the Trustees for review updated annual budgets (A) for the school for the remainder of the period of the Education Corporation has authority to operate the school, and (B) for the Education Corporation for the remainder of the Provisional Charter term, each reflecting the costs of the Facility Agreement in the form set forth in section 5.5 herein, provided, however, that unless the Trustees specifically request such budgets, same shall be due on the schedule required by section 5.5. (b) In the event the Education Corporation does not have a Facility Agreement in place by May 15 of the calendar year in which a school intends to first provide instruction at a School Facility, the school may not commence instruction until the start of the school year succeeding such scheduled start date, subject, however, to having (i) entered into a Facility Agreement, (ii) provided to the Trustees such agreement, attorney review, as well as the Facility Completion Schedule by May 15 of such succeeding year, and (iii) the subsequent approval of the Trustees. Notwithstanding the immediately foregoing sentence, the Trustees may waive the restrictions contained therein upon good cause shown and extend the date upon which the Facility Agreement and Facility Completion Schedule would be otherwise due. A failure to obtain the permission of the Trustees as specified above shall cause any Facility Agreement entered into without such permission to be voidable at the discretion of the Trustees. (c) In the event that the Trustees find, through their review of the Facility Completion Schedule, the Facility Agreement Agreement, or any other inquiry or investigation, that it is unlikely that a School Facility will be completed and that all Permits will be obtained in time for the opening of the School Facility on the scheduled opening date, the Trustees may require the Education Corporation to delay the school’s commencement of instruction until the next academic year or such other date as the Trustees may designate. In the event that the Trustees require such delay, they shall provide their reasons in writing to the Education Corporation by July 15 of the year in which the school is then scheduled to provide instruction so long as the Education Corporation has complied with the requirements of this section. (d) Pursuant to Education Law § 2851(2)(j), and notwithstanding any contrary provision of this section, in the event that the Terms of Operation do not identify a School Facility for a particular school, the Education Corporation shall notify the Trustees and the Regents within ten (10) business days of such School Facility having been identified. (e) The Education Corporation shall take such actions as are necessary to ensure that the Facility Agreement and Permits for each School Facility are valid and in force at all times that the Education Corporation has authority to operate in such School Facility. Approvals of renewals or extensions of Facility Agreements shall follow the procedures set forth in this section or section 3.15, as applicable, provided that the Education Corporation need not provide a letter from counsel if the Facilities Agreement would be renewed on the same terms as the original.