Responsibilities of Contractor

The Contract shall require that the Contractor be responsible for all costs, expenses and fees of any kind or nature, associated with the design, civil improvements, on-site and off-site infrastructure, construction, permits, and financing associated with the completion of an Education Facility, including the financing of furniture and equipment of the Education Facility, as and to the extent agreed to by the Education Agency. The Contractor shall also be responsible for the capital maintenance of the schools during the Lease-Back Period, but shall not be responsible for the capital maintenance of the furniture and equipment. The Lease-Back may provide that if sufficient funds are not appropriated or otherwise available for the payment of amounts due under the lease and any maintenance agreement, the Education Agency will have the obligation to vacate the Education Facility, and the Contractor shall have the right of use and occupancy of the Education Facility for the remainder of the term of the Lease, unless new mutually satisfactory terms are entered into. For this purpose, the Lease may provide that its term shall be extended for a period not to exceed the shorter of ten

(10)years beyond the original term of the Lease-Back or such period of time as is necessary to repay in full any financing arranged pursuant to § 58B105. The capital maintenance costs shall be paid by the Education Agency on a periodic basis as incurred by the Contractor on terms to be agreed to in the Contract for the Education Facility.