Common use of Full and Complete Satisfaction Clause in Contracts

Full and Complete Satisfaction. Although the parties dispute whether the District is obligated to provide facilities to the Charter School, Charter School agrees that the provision of the Subject Property pursuant to this Agreement constitutes full and complete satisfaction of the District’s obligation to provide facilities, including furnishings and equipment, to Charter School under Education Code section 47614 and the Proposition 39 regulations for the Applicable Year. Charter School agrees that the District has fully and completely satisfied the District’s obligation to provide furnishings and equipment by providing the items listed in Exhibit B below. Charter School agrees that, by accepting the Subject Property, it certifies that the District has fully and completely satisfied the District’s obligation to provide facilities, including furnishings and equipment, to the Charter School under Education Code section 47614 and all Proposition 39 implementing regulations for the Applicable Year. The Charter School waives and forever releases the District from any claim that the Charter School, or any successor entity, may have against the District regarding any allegation that the District has taken action to impede the Charter School from expanding its enrollment to meet pupil demand for the Applicable Year. Furthermore, the Charter School waives any rights it may have to subsequently object to the District’s perceived failure to offer facilities, including furnishings and equipment, in accordance with applicable law and waives any rights it may have to challenge those aspects of the District’s offer of facilities, including furnishings and equipment, that the Charter School believes violates the substantive or procedural requirements of Proposition 39 and its implementing regulations for the Applicable Year. Notwithstanding the foregoing, the Charter School preserves the right to argue that a similar allocation of facilities for a future academic year does not satisfy the obligations of Proposition 39 and the Implementing Regulations.

Full and Complete Satisfaction. Although the parties dispute whether the District is obligated to provide facilities to the Charter School, The Charter School agrees that the provision of the Subject Property facilities, including furnishings and equipment pursuant to this Agreement constitutes full and complete satisfaction of any obligation of the District’s obligation District to provide facilities, including furnishings and equipment, facilities to Charter School under Proposition 39, including Education Code section Section 47614 and the Proposition 39 regulations regulations, and/or any successor laws for the Applicable YearTerm that the Agreement is in effect. The Charter School agrees that the District has fully and completely satisfied the District’s obligation to provide furnishings and equipment by providing the items listed in Exhibit B below. Charter School agrees that, by accepting the Subject Property, this Agreement it certifies that the District has fully and completely satisfied any obligation of the District’s obligation District to provide facilities, including furnishings and equipment, to the Charter School under Education Code section 47614 and all Proposition 39 implementing regulations or successor provisions for the Applicable YearTerm that the Agreement is in effect. The Charter School waives and forever releases the District from any claim that the Charter School, or any successor entity, may have against the District regarding any allegation that the District has taken action to impede the Charter School from expanding its enrollment to meet pupil demand for the Applicable YearTerm that the Agreement is in effect. Furthermore, the Charter School waives any rights it may have to subsequently object to the District’s perceived failure to offer facilities, including furnishings and equipment, in accordance with applicable law and waives any rights it may have to challenge those aspects of the District’s offer of facilities and/or offer in lieu of facilities, including furnishings and equipment, that the Charter School believes violates violate the substantive or procedural requirements of Proposition 39 and its implementing regulations or successor provisions for the Applicable YearTerm that the Agreement is in effect. Notwithstanding The Charter School shall not be entitled to additional or alternative facilities from the foregoingDistrict pursuant to Proposition 39 or any other successor statute, regulation, or other provision of law for the Term that the Agreement is in effect, irrespective of the Charter School’s in-District student enrollment or whether Charter School preserves the right to argue that a similar allocation of facilities for a future academic year does not satisfy the obligations of Proposition 39 and the Implementing Regulationshas enrollment growth.