The Contract or a separate maintenance agreement with the Contractor, and the Lease-Back, shall provide that all capital maintenance of the Education Facility be performed by the Contractor as a separate cost, the terms of which, and the manner for establishing the amount of payment, shall be determined as a part of the Contract; provided, however, that said documents may, at the discretion of the
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Education Agency, provide that capital maintenance with respect to equipment (including collateral equipment), onsite utilities, offsite utilities, access roads and other similar improvements need not be performed by the Contractor. SOURCE: Added by P.L. 30-182:2 (Aug. 25, 2010) as § 58B107. Renumbered by Compiler to maintain numbering scheme of this title.