20.1 The Company acknowledges that pursuant to the Project Agreement and this Agreement:
20.1.1 variations to a School Day may be agreed between the Authority and the Contractor which may involve the operation of the change procedure under the Project Agreement and additional costs incurred by the Company;
20.1.2 [the Existing School is entitled to a maximum of X hours of Community Use in aggregate per Academic Year without incurring additional costs. The Company shall be entitled to X of such hours provided that the Company's use of the Academy for Community Use is subject to any existing arrangements for Community Use as at the date of this Agreement. Particulars of such use during the Academic Year 2008-09 are set out at Schedule 6; ] [DN: Consider Project Agreement wording]
20.1.3 variations to the Community Use allocated hours may be agreed by the Authority and the Contractor which may involve the operation of the change procedure under the Project Agreement and additional cost to the Company;
20.1.4 the Company's use of the Academy for Community Use is subject to any existing arrangements for Third Party Use as at the date of this Agreement, particulars of which are set out at Schedule 6;
20.1.5 [Ad Hoc Use of the Academy is permitted under Clause [ ] of the Project Agreement at no additional charge subject to the Ad Hoc Use being strictly limited to specified areas within the Academy;
20.1.6 Ad Hoc Use areas may differ between Ad Hoc Use outside of the Required Periods and Ad Hoc Use undertaken on Bank Holidays and Sundays.
20.1.7 that the Authority does not have the right to levy any Deductions under the Payment Mechanism set out in Schedule [ ] of the Project Agreement in relation to the Contractor's obligation to provide access to the Academy for Ad Hoc Use. ] [DN: Consider Project Agreement wording]
20.2 [Outside of the above periods the Contractor is entitled to require the Site and any facilities on the Site (other than Company Assets, equipment or consumables owned by the Company or for which it is responsible, which are not provided under the Project Agreement) for purposes of third party income generation in accordance with Clause [ ] of the Project Agreement. ] [DN: Consider Project Agreement wording]
20.3 Requests for School Periods
20.3.1 The Company shall notify the Authority as follows in relation to Ad Hoc Use, Terms and Community Use:
(a) [Ad Hoc Use
The Authority shall on reasonable notice from the Company and where such access does not interrupt or prevent Third Party Use or any Programmed Maintenance or Unprogrammed Maintenance Works allow all officers of the Company and all members of the local governing body of the Company and all persons employed at the Academy and necessary invitees appropriate access for reasonably required use:
(i) during an Ad Hoc Period at no additional charge to the Company for specified teaching spaces, library, school hall, and all administration areas at the Academy;
(ii) on Sundays and Bank Holidays at no additional charge to the Company other than for the reasonable costs incurred in re-opening and closing the Academy for such use to specified teaching spaces, and all administration areas at the Academy.
The Company shall not use more than the minimum area reasonably required for any such use and for the avoidance of doubt, the Authority does not have the right to levy any Deductions under the Payment Mechanism set out in Schedule [ ] of the Project Agreement in relation to the Contractor's obligation to provide such access to the Academy for such use.] [DN: Consider Project Agreement wording]
(b) Terms
No later than [ ] in each year, the Company shall notify the Authority of the dates for Terms (including any half-term holidays) in the period 1st September to 31st August following that notice. The Company acknowledges the importance to the Authority of the dates for and length of Terms and half term holidays. Where, the Company requires Terms to have an aggregate yearly duration in excess of X days it shall propose an Authority Change pursuant to this Agreement. For the purposes of the year ending 31 August 2009, the Terms will be as follows:
Autumn Term:
Spring Term
Summer Term
(c) [Community Use
(i) In the event that the Company requires its Community Use of the Academy to have an aggregate duration in each School Year in excess of X hours it shall propose an Authority Change pursuant to this Agreement.
(ii) The Company acknowledges that pursuant to the Project Agreement the Contractor is entitled to charge a fee for Community Use which is in excess of X hours in a School Year at a rate calculated in accordance with the Project Agreement. Where the Company has requested such Community Use, any charges incurred by the Authority in respect of such Community Use shall be recoverable by Authority from the Company on demand.
(iii) Unless the parties agree in accordance with the terms of this Agreement and further, the Contractor and the Authority agree in accordance with terms of the Project Agreement, Community Use for the Academy may not exceed X hours in aggregate in any School Year. ] [DN: Consider Project Agreement wording]