Contractor Responsible for Capital Maintenance

(a)The Contract with the Contractor, and the Lease-Back, shall provide that all capital maintenance and repair of the Education Facility be performed by the Contractor as a separate cost; provided, however, that said documents may, at the discretion of the Education Agency, provide that capital maintenance and repair with respect to equipment (including collateral equipment), onsite utility construction, offsite utility connections, access roads, and other similar improvements to the Education Facility need not be performed by the Contractor. The terms by which the Contractor is to perform such capital maintenance shall be determined as a part of the bid process and shall be part of the conditions of the Contract.

(b)The Contract shall provide initial funding for the first five

(5)years after the completion of the Education Facility.