COMMERCIAL COLD STORAGE/HANGER BUILDING LEASE AND LAND USE AGREEMENT
LOCATED AT: 163 RT 201 FAIRFIELD, ME 04937
THIS LEASE AGREEMENT (the “Lease”), made and entered into this ______ day of ____________,
20__, by and between Charlie Sabattis, Jennifer Sabattis and James Howard, ("LANDLORD") and
__________________ ("TENANT"), hereinafter respectively referred to as Landlord, Landlords, Landlord(s)
and Tenant, without regard to number or gender.

SECTION 1 - PREMISES
1.01 Lease of Premises. For and in consideration of the rents, covenants and agreements
hereinafter set out, Landlord hereby leases to Tenant and Tenant leases and accepts, subject to the terms and
conditions of this Lease, those premises referred to as the "Premises," subject to any prior, valid, existing
claims or rights of way, including the present existing roads. The Premises described legally is a building built,
constructed and erected by Jim Roberge whom resides in Fairfield, Maine. The building is made of a wood
frame construction on a dirt/stone pad and having a metal roof. The current building size is 2400 square feet,
and shall include any buildings and improvements thereon as may be constructed pursuant to the terms of this Lease.
1.02 Condition of Premises. Tenant acknowledges, represents and agrees that (i) Tenant is
leasing the Premises "AS IS" based on its own inspection and investigation and not in reliance on any
statement, representation, inducement or agreement of Landlord except as may be expressly set forth
elsewhere in this Lease, (ii) Tenant shall take possession of the Premises in an “AS IS” condition, and (iii) this
Lease confers no rights either with regard to the subsurface of the land below the ground level of the Premises
or with regard to the air space above the top of the roof of any building that is part of the Premises, except to
the extent necessary for construction or installation of any building, including fixtures and appurtenances, as
approved by the Town of Fairfield, Maine. Tenant’s taking possession of the Premises on commencement of the term
shall constitute Tenant’s acknowledgment that the Premises are in good condition. The Premises was
constructed by the current Tenant as signed on this lease and the Landlord holds no liability as to the construction
of said Premises and potential failure of said Premises due to it's construction and act of God. Landlords hold
no responsibility to the contents of the Premises and the contents are the sole responsibility of the Tenant.

SECTION 2 – TERM
2.01 Initial Term. The initial term of the Lease shall be for a period of one (1) year, commencing on
the ____ day of __________, 20__ (the "Commencement Date") and ending on the _____ day of _________,
20__ (“Initial Term”). The Initial Term and all renewal terms shall be referred to herein as the full term of this Lease.
2.02 Termination of Lease. This Lease shall terminate without further action on the earlier of expiration of the
Initial Term, in the event Tenant does not exercise the option to renew this Lease. The Landlords have the right
to terminate this Lease at any time they deem necessary, want or desire and additionally Landlords will reimburse
Tenant (Jim Roberge) for the cost of materials only for the construction of the 40' x 60' hanger erected on the premises provided
the building is standing and in reasonable condition. Cost of building is currently estimated at $9200.00

SECTION 3 - USES OF THE PREMISES
3.01 Use of Premises. Tenant shall develop, use and operate the leased Premises for any
lawful purpose provided however, that such purpose is in accordance with the terms and conditions of the
Development Plan, as defined in Subsection 7.01 hereof, and the most current Airport Layout Plan for
Fairfield Airfield. The Development Plan, defined below, is incorporated herein with this reference.
3.02 Compliance with Laws. Tenant shall observe and comply with all present and future laws,
ordinances, requirements, rules and regulations of all governmental authorities having jurisdiction over the
Premises or any part thereof and of all insurance companies writing policies covering the Premises or any
part thereof. Tenant shall also promptly obtain each and every permit, license, certificate or other
authorization required in connection with the lawful and proper use of the Premises or required in
connection with any building or improvement now or hereafter erected thereon. Without limiting the
generality of the foregoing, Tenant shall comply with all provisions of the Fairfield Town Code, Federal Grant
Programs, Airport Master Plan for Fairfield Airfield (including the current Airport Layout Plan), Environmental
Regulations, Surplus Property Instruments and Regulations of the Federal Aviation Administration and
such Rules and Regulations governing Airport operations that exist as of the date of this Lease, as well as
such modifications and additions thereto as Landlord, in its reasonable discretion, may hereafter make for
the Airport. Tenant shall further provide copies of documentation and certification(s) of compliance with all
necessary Maine Department of Environmental Quality rules and regulations concerning operation of any
underground storage tank (“UST”) system on the Premises. Any violation of the provisions of this
Subsection 3.02 shall constitute a default under this Lease following an applicable notice and cure period
of thirty (30) days. Provided, however, if the nature of Tenant’s cure is such that more than thirty (30) days
are reasonably required to cure a violation, then Tenant shall not be deemed to be in default if Tenant
commences such cure within said thirty (30) day period and thereafter diligently pursues such cure to completion.

SECTION 4 - RENTAL
4.01 Rent, Initial Term. Tenant shall pay to Landlord for the Initial Term an annual rent (“Initial
Annual Rent”) in the amount of ________________ ($_______) plus applicable taxes. Tenant shall pay the
Initial Rent in advance, on or before ________, 20__ and each __________________________ thereafter.
4.02 Rental Impositions. Tenant agrees to pay to Landlord, or to the appropriate governmental
body, with and in addition to the Annual Rent, any and all excise, privilege, license or sales taxes, or other
governmental impositions imposed by any governmental body on the rentals received by Landlord from Tenant
during the term hereof payable as additional rent at the same times as Annual Rent is payable hereunder.
4.03 Payment of Rent. Tenant shall, without prior notice or demand and without any set off or
deduction whatsoever, pay the Annual Rent and any other rent or other charges due under this Lease. Tenant
covenants and agrees that all sums to be paid under this Lease, if not paid when due, shall bear interest on
the unpaid portion thereof at the rate of one and one half percent (1½%) per month or any fraction thereof that
such sums are unpaid. Tenant further covenants and agrees that for each calendar year in which the Annual
Rent is not paid to Landlord within ten (10) days after the due date, Tenant shall promptly pay to Landlord a
sum equal to five percent (5%) of the unpaid rentals as special damages.

SECTION 5 - SECURITY DEPOSIT
5.01 Security Deposit. Tenant shall, at execution of the Lease by Landlord, deposit with Landlord
one of the following: (i) the sum of $__________; (ii) a surety bond, from a state approved and licensed
insurance company, in the amount of $___________; or (iii) a Certificate of Deposit in the amount of
$__________ (“Security Deposit”). The Security Deposit for the Premises shall be security for the full and
faithful performance by Tenant of all of the terms and conditions of the Lease, including without limitation,
payment of the Annual Rent. In the event Tenant chooses to deposit a surety bond as the Security Deposit,
said surety bond shall remain in full force and effect during the full term of the Lease. In the event Tenant
chooses to deposit a Certificate of Deposit as the Security Deposit, Tenant shall also deposit a power of
attorney appointing and empowering Landlord to pay over any such cash or withdraw such funds from the
Certificate of Deposit to Landlord in the event of Tenant’s default under the Lease. The Security Deposit shall
be returned to Tenant, provided Tenant has fully and faithfully carried out all terms, covenants and conditions
on Tenant’s part to be performed. Failure of Tenant to maintain a Security Deposit shall be deemed default
under the terms of this Lease.

SECTION 6 - RENTAL RATE ADJUSTMENT
6.01 Rental Rate Adjustment. The Minimum Annual Rent for the Permanent Term of this Lease
shall be as provided in Subsection 4.012 hereof. Such Minimum Annual Rent shall be subject to adjustment at
one (1) year intervals, the first adjustment to be effective on a day that is two (2) years after the
Commencement Date, with subsequent adjustments to occur each year thereafter. The amount of said
adjustments shall be determined as set forth in Subsection 6.02 hereof.
6.02 Determination of Adjustment Amount. The Minimum Annual Rent shall be adjusted during the
Permanent Term as follows: The base for computing the adjustment shall be the Consumer Price Index for all
urban consumers (base year 1967 = 100) for the United States, published by the United States Department of
Labor, Bureau of Labor Statistics, which is in effect on the Commencement Date (hereinafter referred to in this
Section 6 as “Initial Term Index”). The Index published most immediately preceding the adjustment date in
question (hereinafter referred to in this Section 6 as “Extension Index”) shall be used in determining the
amount of the adjustment. If the applicable Extension Index has increased over the Initial term Index, the
Minimum Annual Rent for the Initial Term shall be multiplied by a fraction, the numerator of which is the
Extension Index and the denominator of which is the Initial Term Index to determine the adjusted Minimum
Annual Rent. If the Extension Index has not increased over the Initial Term Index, the adjusted Minimum
Annual Rent shall be as set forth in Subsection 6.04 hereof.
6.03 Example. Application of the formula set forth in Subsection 6.02, above is illustrated by the
following example: assume that the Minimum Annual Rent for the Permanent Term is $10,000, that the Initial
Term Index is 400.7 and that the applicable Extension Index is 460.1. Based on the following computation the
Minimum Annual Rent for the extended period will be $11,483.
$10,000 $11,483
400.7
460.1 × =
6.04 Maximum/Minimum Increases. Notwithstanding any provisions of this Section 6 to the
contrary, the Minimum Annual Rent shall be reviewed every five years from the first year of the Permanent
Term and shall be subject to the following maximum and minimum limits: All such five year reviews shall
determine the rate of Minimum Annual Rent increase for the previous five years. The minimum increase of the
Minimum Annual Rent from the first year of the five year review period shall be at least 10% from the first year
of that five year period, provided, however, no rental increase shall exceed 30% from the first year of the five
year period. If the Minimum Annual Rent has not been increased pursuant to Section 6.01 and 6.02 to meet
the minimum 10% amount required by this subsection, the following year’s Minimum Annual Rent shall be
raised so that the Minimum Annual Rent to be paid reflects a 10% increase from the first year of the five year
review period.
6.05 Modifications of Index. If the Index is changed so that the base year differs from that in effect
when the term commences, the Index shall be converted in accordance with the conversion factor published
by the United States Department of Labor, Bureau of Labor Statistics. If the Index is discounted or revised
during the term, such other government index or computation with which it is replaced shall be used in order to
obtain substantially the same result as would be obtained if the Index had not been discounted or revised.
6.06 Written Confirmation. On each and every adjustment of the Minimum Annual Rent as
provided in Section 6.02 hereof, the parties shall immediately execute a written confirmation stating the new
Minimum Annual Rent.

SECTION 7 – IMPROVEMENTS, CONSTRUCTION AND MAINTENANCE
7.05 Construction of Additional Improvements. Except as expressly authorized herein, Tenant
shall make no additions, alterations, changes, fixtures, or other improvements to the Premises
(“Improvements”) without the express written consent of the Landlord, which shall not be unreasonably
withheld or delayed. Tenant, at its own expense, shall keep and maintain the Premises and Improvements
neat and orderly at all times and shall perform all repairs to the same to keep them in proper condition. All
Improvements on the Premises shall be the property of Tenant during the full term of this Lease. In the event
the Improvements are of the type that would normally require Design Review approval under Fairfield Town Code,
Tenant shall comply with the requirements of Fairfield Town Codes.
7.06 FAR Notification Requirements. Tenant agrees to comply with the notification and review
requirements covered in Part 77 of the Federal Aviation Regulations prior to construction of the initial
Improvements and prior to construction of any other Improvements on the Premises, or in the event of any
material exterior modification or alteration of any such Improvements.
7.07 No Interference with Airport Operations. Tenant shall conduct all work on the Premises,
including construction, repair or maintenance work so that such work will in no way materially interfere with the
operation and use of the Airport by Landlord and other persons and organizations entitled to use of the same.
7.08 Airport Review of Safety and Security Plans. Tenant shall meet with the Landlords
to review Tenant’s safety and security plans prior to bringing any construction related equipment to
the Premises, and prior to starting construction of any improvement, repair or major maintenance work.
7.09 Approval of Construction and Improvement Plans. All proposed construction and
Improvement plans must be submitted and approved by the Landlord prior to submission for Town building
permits. All construction and improvements must comply with the most current Airport Master Plan and with
the Development Plan. Tenant understands that the Master Plan consists of recommendations for future
development, and that the recommended alternatives outlined in said Master Plan in no way constitute a
commitment on the part of the Landlords. It is further understood that proposed development items in the Master
Plan are subject to the current needs of the Airport, as well as subject to funding availability.
7.10 Compliance with Town Codes. Tenant agrees that all work on the Premises, including
construction, repair, and maintenance work, shall comply with the Zoning, Building, Fire, Plumbing,
Landscaping, Electrical and Mechanical Codes of the Town of Fairfield. Tenant shall pay all required fees. All
initial improvements, other improvements and repairs constructed under Zoning, Building, Plumbing,
Landscaping, Electrical, or Mechanical Codes shall have a Town of Fairfield building permit. Nothing set forth
herein limits Tenant’s obligation to obtain Town Design Review approval in accordance with Subsections 7.02
and 7.05 hereof.
7.11 Approval of Architectural Plans and Designs. Tenant agrees to submit its architectural plans
and designs, as prepared by an architect registered in the State of Maine, for approval of Landlord prior to
construction. Such approval is in addition to Tenant’s obligation to comply with Town Codes (including Design
Review approval) as previously described and is intended to be limited to reasonable compatibility of general
or overall design and materials. Such approval shall not be unreasonably withheld or delayed.

SECTION 8 - MECHANICS' LIENS, ADDITIONAL PERSONS AIRCRAFT AND/OR PROPERTY
8.01 Mechanic’s Liens. Tenant agrees to keep the Premises free of any mechanics' or
materialmen's liens of any kind or nature for any work done, labor performed, or material furnished thereon at
the instance or occasion of Tenant. To the extent permitted by law, Tenant further agrees to defend,
indemnify and save harmless Landlord for, from, and against any and all claims, liens, demands, costs, and
expenses of whatsoever nature for any such work done, labor performed, or materials furnished at Tenant’s
request. Tenant is not authorized to act for or on behalf of Landlord as its agent, or otherwise, for the purpose
of constructing any improvements to the Premises, or for any other purpose, and neither Landlord nor
Landlord's interest in the Premises shall be subject to any obligations incurred by Tenant. If requested by the
Landlord, Tenant agrees to record a Payment Bond with the Somerset County Recorders Office.
8.02 Tenants Aircraft, Property(s), Additional Persons Aircraft and/or Property(s) will be the sole responsibility
of the Tenant when stored on or near Tenants building/lease to include not only the leased said property or building
and to include wherever parked or stored on Airport Property as deemed by Landlords. The Landlords will not be
held liable for any and all property Tenant agrees to bring in and/or store on leased property and airport grounds
described in general terms by Landlords.

SECTION 9 - PERFORMANCE BOND
9.01 Performance Bond. If requested by the Landlord, Tenant shall furnish Landlord with a
performance bond, in the full amount of the Improvements prior to construction of Improvements. Said bonds
must be issued by a company qualified to do business in the State of Maine and rated “A” or better by the
current edition of the Best Rating Service. Said bonds shall ensure faithful and full observance and
performance by Tenant of all the terms, conditions, covenants and agreements set forth in Section 7
of this Lease, except Tenant's agreement to comply with the notification and review requirements covered
in Part 77 of the Federal Aviation Regulations for the construction of any future structures or buildings not
described in this Lease relating to construction of the Improvements or in the event of any planned modification
or alteration which is not described in this Lease.

SECTION 10 - IMPROVEMENTS, OWNERSHIP
10.01 Ownership of Non-UST Improvements. Except as provided in Subsection 10.03 hereof, all
Initial or other Improvements on the Premises, with the exception of Tenant’s trade fixtures and personal
property, shall become the property of the Landlord upon expiration of this Lease or upon termination of this
Lease for any reason. At no time shall Tenant have the right to remove any Improvements from said Premises
unless otherwise agreed to in writing by the Landlord. Notwithstanding the foregoing, if upon the expiration or
other termination of this Lease, the Initial or other Improvements on the Premises are not in substantial
conformity with their original condition (normal wear and tear excepted), Landlord shall have the right to
require Tenant to remove any such Initial or other Improvements or require Tenant to restore the Initial or other
Improvements to a condition which is in substantial conformity with their original condition
10.02 . Landlord shall exercise such right by giving written notice to Tenant within thirty days after
the expiration or other termination of this Lease. If so notified, Tenant, at Tenant’s sole cost and expense shall
remove or restore the designated Improvements within ninety (90) days after the date of written notification
and shall restore the Premises to a condition acceptable to Landlord.
10.03 Tenant Ownership of UST Improvements. During the full term of the Lease and upon the
expiration, cancellation or termination of the Lease for any reason, Tenant agrees that any and all USTs and
related equipment on the Leased Premises shall remain the property and sole responsibility of the Tenant and
not of the Landlords. At all times, Tenant shall remain the owner and operator of the USTs and the Landlords shall not
become the owner or operator of the USTs. In no event shall the Landlords be responsible for or owner or operator
of the USTs. Prior to and upon expiration of the Lease, Tenant, at its sole expense, shall comply with all
applicable federal, state and local laws governing the temporary and permanent closure, removal, remediation,
site restoration and clean up of the UST and all affected property, water, soil, and related equipment. All such
actions shall be performed pursuant to prescribed standards under the law. Tenant shall complete all actions
required by this Section within 60 days after expiration or other termination of this Lease. If said actions are
not performed or said performance is not completed within this 60-day time period, Landlord shall have the
right to perform such actions on behalf of Tenant, and Tenant shall be responsible for and pay to Landlord all
costs incurred by Landlord as a result of such performance. Notwithstanding the foregoing, to the best of
Landlord’s knowledge, no USTs are currently located on the Premises.

SECTION 11 - INSURANCE
11.01 Insurance Requirements
A. Comprehensive General Aircraft Liability Insurance. Tenant, at its cost, shall maintain
comprehensive general aircraft liability insurance policy with limits of not less than $1,000,000 per accident
occurrence and $100,000 per person.
B. Standard Fire and Extended Coverage. Tenant, at its cost, may optionally maintain on the building
and improvements that are part of the Premises, a policy of standard fire and extended coverage
insurance, with vandalism and malicious mischief endorsements, to the extent of 100% of full
replacement value of the buildings and other insurable Improvements. In the case of an insurable
loss, an independent third-party trustee shall be appointed to receive and distribute insurance
proceeds to assure that repair, replacement, or reconstruction is completed according to the plans
approved by both Tenant and Landlord.
C. Hangar Keeper’s Liability. If hangars are located on the Premises, Tenant may optionally procure
and maintain, at its sole expense, Hangar Keeper’s Liability Insurance. Tenant agrees to not hold liable
Landlord for contents in and around hanger as this will be the sole responsibility of the Tenant.
D. Worker’s Compensation Insurance. If Tenant has employees, Tenant shall procure and
maintain, at its sole expense, Worker’s Compensation Insurance in such amounts as will fully comply
with the laws of the State of Maine, which shall indemnify, insure and provide legal defense to both
Tenant and Landlord against any loss, claim or damage arising from any injuries or occupational
diseases happening to or any worker employed by Tenant in the course of carrying out conditions or
activities described within the Lease.
E. Employer’s Liability Insurance. If Tenant has employees, Tenant shall procure and
maintain, at its sole expense, Employer’s Liability Insurance, with minimum coverage of $1,000,000.
11.02 General Requirements.
A. Additional Insureds. Comprehensive general liability policy, Standard fire and extended
coverage insurance, and Hangar keeper’s Liability Insurance shall name Landlord, its departments,
officers, and employees as additional insureds.
B. Special Items. Each insurance policy shall provide the following: (i) the policies cannot
be cancelled, or substantially modified until and unless thirty (30) days written notice is received by
the Landlords for payment of any premium or for assessments under any form of policy; (ii) the
insurance company shall have no recourse against the Landlords for payment of any premium or
for assessments under any form of policy; and (iii) the policies are intended as primary coverage for
the Landlords and that any insurance or self-insurance maintained by the Landlords shall apply in excess
of and not contributory with the insurance provided by these policies. Tenant shall continually
maintain evidence of insurance for Landlord.
C. Certificates of Insurance. Tenant shall deliver Certificates of Insurance, for the policies of
insurance required hereunder, to the Landlords. Tenant shall continually maintain
evidence of such insurance for Landlord, and provide such evidence upon Landlord’s request.
D. Tenant shall, upon obtaining the policies of insurance required hereunder, give notice to
the insurance carrier or carriers of the waiver of subrogation set forth in this Lease and shall obtain, at
Tenant’s expense, an appropriate waiver of subrogation endorsement from the insurer.
11.03 No Limitation of Liability. The procuring of any policy of insurance shall not be construed to be
a limitation upon Tenant's liability or as a full performance on its part of the indemnification provisions of this
Lease; Tenant's obligation being, notwithstanding any said policy of insurance, for the full and total amount of
any damage, injury, or loss caused by the negligence or neglect connected with the operation under this
Lease.
11.04 Failure to Maintain Insurance. Failure to maintain the minimum insurance as stated in this
Section 11 shall constitute default of this Lease.
11.05 Tenant’s Insurance Primary. Tenant's insurance shall be primary for all purposes under this
Lease.

SECTION 12 - HOLD HARMLESS
12.01 No Liability of Landlord. Neither Landlord, nor its departments, officers, or employees shall
be liable for any loss, damage, death or injury of any kind whatsoever to the person or property of Tenant or
subtenants or of any other person whomsoever, caused by Tenant's use of the Premises, Runways, Land(s) or by any defect in
any building or Improvement erected thereon, or arising from any accident, fire, or from any other casualty on
the Premises or from other cause whatsoever; and Tenant, hereby waives on Tenant’s behalf all claims
against Landlord, provided however, any liability resulting from the negligent acts or omissions or willful
misconduct of the Landlords, its departments, officers, or employees shall not be waived.
Tenant may not act on Landlords behalf to invite, agree or allow other persons to use Tenants or Landlords property without
prior consent of Landlords. Tenant agrees to use solely the Premises, Runways and Lands at Tenants own risk and agrees
to not hold Landlords liable for conditions of said Premises, Runways, and Lands owned by Landlords.
12.02 Tenant Indemnification. To the furthest extent permitted by law, Tenant shall defend,
indemnify, and hold Landlords, its departments, boards, commissions, council members, officials, agents, and
employees, individually and collectively, for, from, and against all losses, expenses (including attorney fees),
damages, claims, charges, fines, suits, actions, demands, or other liabilities of any kind (“Liability”), including
without limitation Liability for bodily injury, illness, death, or for property damage, resulting from or arising out of
this Agreement and/or the use or occupancy of the Premises, except for Liability resulting from the negligent
acts or omissions or willful misconduct of the Landlords, its employees, agents, or any person under Landlords direction
and control.

SECTION 13 - STORAGE OF EQUIPMENT AND MATERIAL
13.01 Storage. Tenant shall not store on the Premises equipment or material outside of buildings
unless screened by a method approved in writing in advance by Landlord, which shall not be
unreasonably withheld or delayed. This provision does not apply to or preclude Tenant from parking air
worthy aircraft on the Premises, but does preclude the outside parking of aircraft being held for salvage
purposes or aircraft awaiting repair. Tenant may not store equipment or material unrelated to its operation
or business at the airport, including, but not necessarily limited to, recreational vehicles, motor homes,
boats, campers, trailers, semi – tractor trailer trucks , mobile homes, and vehicles with expired licenses
and registrations, on the Premises for more than two (2) weeks without the prior written consent of the
Landlord, which may be given or withheld in the Landlord’s sole discretion. The open storage of nonairworthy
aircraft, wreckage, or unsightly aircraft components is prohibited.

SECTION 14 - ENVIRONMENTAL INDEMNIFICATION -TENANT
14.01 Use of Hazardous Material. Tenant shall not cause or permit any hazardous material, as
defined in Subsection 14.05, to be generated, brought onto, used, stored, or disposed of in or about the
Premises or the building by Tenant or its agents, employees, contractors, subtenants, or invitees, except for
limited quantities of such substances that are required in the ordinary course of Tenant's business conducted
on the Premises or are otherwise approved by Landlord. Tenant shall:
A. Use, store and dispose of all such hazardous material in strict compliance with all
applicable statutes, ordinances, and regulations in effect during the Lease term that relate to public
health and safety and protection of the environment (environmental laws), including those
environmental laws identified in Subsection 14.03; and
B. Comply at all times during the Lease term with all environmental laws.
14.02 Notice of Release or Investigation. If, during the Lease Term (including any extensions),
either Landlord or Tenant becomes aware of; (a) any actual or threatened release of any hazardous material
on, under, or about the Premises or the building, or (b) any inquiry, investigation, proceeding, or claim by any
government, agency, or other person regarding the presence of hazardous material on, under, or about the
Premises of the building, that party shall immediately, not to exceed twenty four (24) hours after learning of it,
notify the other party, and shall provide written notice of the release or investigation within five (5) days after
learning of it and shall simultaneously furnish to the other party copies of any claims, notices of violation,
reports, or other writings received by the party providing notice that concern the release or investigation.
14.03 Asbestos Notification. Tenant acknowledges that Landlord has advised Tenant that any
building(s) located on the Premises contain or, because of its age, is likely to contain asbestos-containing
materials (ACM). If Tenant undertakes any alterations, additions, or Improvements to the Premises, as
permitted by Section 7 , Tenant shall, in addition to complying with the requirements of Section 7 , undertake
the alterations, additions, or improvements in a manner that avoids disturbing any ACMs present in the
building. If ACMs are likely to be disturbed in the course of such work, Tenant shall encapsulate or remove
the ACMs in accordance with an approved asbestos-removal plan and otherwise in accordance with all
applicable environmental laws, including giving all notices required by law.
14.04 Indemnification. To the furthest extent permitted by law, Tenant shall, at Tenant's sole
expense and with counsel reasonably acceptable to Landlord, indemnify, defend, and hold harmless Landlord,
or Landlord’s authorized agents or representatives, with respect to all losses arising out of or resulting from the
release of any hazardous material in or about the Premises or the building, or the violation of any
environmental law, by Tenant or Tenant's agents, contractors, or invitees. This indemnification includes:
A. Losses attributable to diminution in the value of the Premises or the Airport;
B. Loss or restriction of use of rentable space in the Airport;
C. Adverse effect on the marketing of any space on the Airport; and
D. All other liabilities, obligations, penalties, fines, claims, actions (including remedial or
enforcement actions of any kind and administrative or judicial proceedings, orders, or judgments),
damages (including consequential and punitive damages), and costs (including attorney, consultant
and expert fees and expenses) resulting from the release or violation.
E. If Tenant excavates or removes any soil on the subject property, whether or not such soil
is contaminated, and notwithstanding Landlord’s remediation responsibilities as set forth in this Lease,
Tenant shall be responsible for all costs and expenses related to such excavation or removal
(including, without limitation any cost of disposal of such soil.) If, as a result of Tenant’s excavation or
removal, Landlord incurs increased remediation costs or expenses, Tenant will reimburse Landlord for
the amount of such increase within thirty (30) days after written demand. This indemnification is not
intended to include or extend to acts committed prior to Tenant’s occupancy of the property in
question, and is only intended to extend to those acts committed by Tenant, and not those committed
by other previous parties or previous tenants. Tenant has been supplied with the environmental
history of the prior tenancy.
F. The indemnification set forth in this Subsection 14.04 shall survive the expiration or
termination of this Lease.
14.05 Remediation Obligations. If the presence of any hazardous material brought onto the
Premises or the building by Tenant or Tenant's employees, agents, contractors, or invitees results in
contamination of the building, Tenant shall promptly take all necessary actions, at Tenant's sole expense, to
return the Premises or the building to the condition that existed before the introduction of such hazardous
material. Tenant shall first obtain Landlord's written approval of the proposed remedial action. This provision
does not limit the indemnification obligation set forth in Section 12 or this Section 14 .
14.06 Definition of Hazardous Material. As used in this Section 14 , the term "Hazardous Material"
shall mean any hazardous or toxic substance, material, or waste that is or becomes regulated by the United
States, the State of Maine, or any local government authority having jurisdiction over the building or
Premises. Hazardous material includes:
A. Any "hazardous substance" as that term is defined in the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (CERCLA) (42 United States Code §§ 9601-
9675);
B. "Hazardous waste" as that term is defined in the Resource Conservation and Recovery
Act of 1976 (RCRA) (42 United States Code §§ 6901-6992K);
C. Any pollutant, contaminant, or hazardous, dangerous, or toxic chemical, material, or
substance, within the meaning of any other applicable Federal, State, or local law, regulation,
ordinance, or requirement (including consent decrees and administrative orders imposing Liability or
standards of conduct concerning any hazardous, dangerous, or toxic waste, substance, or material,
now or hereafter in effect);
D. Petroleum products;
E. Radioactive material, including any source, special nuclear, or byproduct material as
defined in 42 United States Code §§ 2011-2297G-4;
F. Asbestos in any form or condition; and
G. Polychlorinated biphenyls (PCBs) and substances or compounds containing PCBs.
14.07 Except for customary materials necessary for operation, cleaning and maintenance of the
Airport, Landlord shall not cause any Hazardous Material to be brought upon, generated at, stored or kept or
used in or about the Premises without the prior written consent of Tenant (which Tenant shall not
unreasonably withhold as long as Landlord demonstrates to Tenant’s reasonable satisfaction that such
Hazardous Material is necessary or useful to Landlord’s business) and all Hazardous Materials, including
customary materials necessary for operating, cleaning and maintenance of the Airport, will be used, kept and
stored in a manner that complies with all laws regulating any such Hazardous Material so brought upon or
used or kept in or about the Premises.

SECTION 15 - DESTRUCTION OF IMPROVEMENTS
15.01 Restoration or Razing of Improvements, Insurance Proceeds. If the Improvements or any part
thereof are damaged or destroyed by reason of any cause whatsoever, Tenant will complete one of the
following options upon mutual agreement with Landlord:
A. Within sixty (60) days following such damage or destruction commence and diligently
pursue to completion, the repair, or reconstruction of the Improvements (“Restoration”), and this
Lease shall remain in full force and effect; or
B. Raze the Improvements and restore the Premises to the condition existing at the time of
the Commencement Date of this Lease (“Razing and Restoration of the Premises”).
C. Tenant, in the event of destruction of the Improvements, shall deposit the insurance
proceeds on account of such damage or destruction under the policies of insurance provided for in
Section 11 (the "Proceeds") with an escrow agent or trustee (the "Trustee") that is selected by Tenant
and approved by Landlord. The Proceeds shall be released by the Trustee as follows:
(i) In the case of Tenant's election to raze the Improvements and restore the
Premises, (1) First, to Tenant, from time to time as the Razing and Restoration of the
Premises progresses, upon the request of Tenant and Tenant's submittal of certificates of
costs as described below, and (2) Second, to Landlord, in the case of Tenant's failure to
complete the Razing and Restoration of the Premises, to enable Landlord to complete the
Razing and Restoration of the Premises, upon Landlord's submittal of certificates of costs as
described below.
(ii) In the case of Tenant’s election to restore the Improvements, (1) First, to
Tenant, from time to time as the Restoration progresses, upon the request of Tenant and
Tenant's submittal of certificates of costs as described below, and (2) Second, to Landlord, in
the case of Tenant's failure to complete the Restoration, to enable Landlord to complete the
Restoration or, in the event of Landlord’s election to raze the Improvements, to complete the
Razing and Restoration of the Premises, upon Landlord's submittal of certificates of costs as
described below. Notwithstanding anything herein to the contrary, in the event Tenant fails to
commence restoration of the Improvements within thirty (30) days after their destruction or
damage, and diligently pursue such restoration until completion, Landlord shall have the right
to elect to raze the Improvements and restore the Premises to the condition existing at the
time of the Commencement Date of this Lease, and, then, terminate this Lease.
D. Certificates of Costs. A certificate dated not more than fifteen (15) days prior to such
request, signed on behalf of Tenant or Landlord, as applicable, shall be provided to the Trustee
setting forth that the disbursements being requested are to pay or reimburse Tenant or Landlord, as
applicable, or contractors, subcontractors, materialmen, architects, or other persons who have
rendered services or furnished materials in connection with the Restoration or Razing and Restoration
of the Premises, and shall be accompanied by invoices for such amounts. The Trustee shall make all
certificates and other materials received pursuant to this Section 15 available, upon request, to
Landlord and Tenant.
E. Disbursement of Remaining Proceeds. Upon receipt by the Trustee of evidence
satisfactory to it that the Restoration or Razing is complete and paid for in full, and, in the case of
Razing, that the Facility Utilization Commitment Amount and Bond Indebtedness Amount is fully paid,
the Trustee shall pay to Tenant any remaining balance of the Proceeds.
F. Deficiency. If the Proceeds received by the Trustee shall not be sufficient to pay the
entire cost of Restoration or Razing and Restoration of the Premises, Tenant shall pay the amount of
any such deficiency. Under no circumstances shall Landlord be obligated to make any payment,
reimbursement or contribution towards the cost of the Restoration or Razing and Restoration of the
Premises.
G. Lease Obligations Continue. In no event shall Tenant be entitled to any abatement,
allowance, reduction or suspension of Rent because part or all of the Premises shall be untenantable
due to the partial or total destruction thereof. No such damage or destruction shall affect in any way
the obligation of Tenant to pay the Rent, and other charges herein reserved or required to be paid or
release Tenant of or from any obligations imposed upon Tenant hereunder.
H. Termination of Lease. In the event the Improvements are razed and the Premises are
restored to the condition in which they existed on the Commencement Date, this Lease shall
automatically terminate thirty (30) days after completion of the Razing and Restoration of the
Premises. Tenant’s obligations to reimburse Landlord for any amounts expended by Landlord in the
Razing and Restoration of the Premises, and not reimbursed under paragraph (C) above, shall
survive any termination of this Lease.

SECTION 16 - MAINTENANCE
16.01 Obligation to Maintain. Tenant shall repair and maintain the Improvements in good order and
repair and keep the Premises in a neat, safe, clean and orderly condition, and appearance, as determined by
the Landlord. Such obligation shall include without limitation the prevention of the accumulation of any refuse
or waste materials that might be or constitute a fire hazard or a public or private nuisance.
16.02 Landlord’s Right to Effect Repairs. In the event that Tenant does not properly repair and/or
maintain the Improvements, Landlord shall notify Tenant in writing of those areas that are not being properly
repaired and/or maintained. If, however, after thirty (30) days, Tenant fails to make such repair and/or
maintenance, Landlord may cause to have such repair and maintenance made and shall invoice Tenant for
the repair and maintenance completed. Such amounts shall be payable to Landlord as additional rent, without
any deduction or set off whatsoever. If Tenant does not pay said costs within thirty (30) days, this Lease shall
be deemed to be in default, and Landlord shall be entitled to all legal remedies provided hereunder, subject to
any applicable notice and grace period. Nothing set forth in this subsection 16.02 obligates Landlord to
perform any maintenance of the Premises or repairs to Tenant’s Improvements.

SECTION 17 - REPORTS
17.01 Reports. Tenant shall, within fifteen (15) days after receiving Landlord’s request, submit a
written report to Landlord’s listing all aircraft that are located on the Premises. Said report
shall be prepared on a form supplied by Landlord, and include aircraft, make, model, registration number,
owner’s name, address and telephone number. Landlords are not responsible for Aircraft or Property
brought to Landlords Property by Tenant.

SECTION 18 - INSPECTION
18.01 Inspection. Landlord shall have the right at any time 24/7 and 365 days of the year
to inspect the Premises to determine if the provisions of this Lease are being complied with.

SECTION 19 - NON-EXCLUSIVE RIGHT
19.01 Non-Exclusive Right. Nothing herein contained shall be construed to grant or authorize the
granting of an exclusive right within the meaning of Section 1349, Title 49, of the United States Code.

SECTION 20 - DEVELOPMENT OF LANDING AREA
20.01 Development of Landing Area. Landlord reserves the rights to further develop or improve the
landing area of the Airport as it sees fit regardless of the desires or views of Tenant and without interference or
hindrance. Tenant agrees to use Runways, Land and Premises at Tenants own risk and not hold Landlords
liable for conditions of said Runways, Land and Premises.

SECTION 21 - USE OF PRIVATE AIRPORT FACILITIES
21.01 Non-Exclusive Use of Private Airport Facilities. Tenant is granted the non-exclusive use of
private airport facilities including taxiways, runways and aprons and facilities
relating thereto for purposes of landing, take-off and taxiing of Tenant’s and Tenants’ subtenants’ or invitees’ aircraft.
All such uses shall be in accordance with the laws of the United States of America, the State of
Maine, and the rules and regulations promulgated by their authority with reference to aviation and air
navigation, and in accordance with all reasonable and applicable rules, regulations and ordinances of Landlord
now in force or hereafter prescribed or promulgated by ordinance or by law. Tenant agrees to use Premises, Runways
and Land(s) owned by Landlords at Tenants own risk. Tenant agrees there will be no Flight Training, Scenic Flights or
the carriage of persons or passengers from Landlords property without the consent of the Landlords and to do so
will violate the terms of this lease and hold Tenant liable.
21.02 Reservation of Rights. Nothing contained herein shall be construed to prevent Landlord from
closing the runways, taxiways, aprons of the Airport, Premises or Land(s) on special occasions from time to time
or at any time at the discretion of Landlord(s).

SECTION 22 - LEASE SUBORDINATE TO AGREEMENTS WITH U.S.A.
22.01 Lease Subordinate to Agreements with USA. This Lease is subordinate and subject to the
provisions and requirements of all existing and future grant agreements between Landlord and the United
States of America, all deeds of conveyance from the United States of America, all United States laws,
including the Federal Aviation Act of 1958, relative to the development, operation, or maintenance of the
Airport, and all FAA regulations.

SECTION 23 - WAR OR NATIONAL EMERGENCY
23.01 War or National Emergency. This Lease and all the provisions hereof shall be subject to
whatever rights of the United States Government affecting the control, operation, regulation and taking over of
the Airport, or the exclusive or non-exclusive use of the Airport by the United States during the time of war or
national emergency.

SECTION 24 - COMMERCIAL USE AND HIRING OF PERSONS
24.01 Tenant agrees to hire no-one to work or perform duties at or on Landlords property without prior
permission from Landlords, no exceptions. To do so will void this lease and hold Tenant responsible.
The Tenant is the only one who is allowed to use the said Premises, Runways and Land held by the Landowners.
The Tenant agrees to perform no commercial air work from the Premises, Runways and Land owned by the
Landowners with the exception of prior permission by all Landowners. The Landowners may grant the Tenant
permission to use the Premises, Runways and Land owned by the Landowners for commercial use only if
all three Landowners agree. The Tenant will be responsible for all costs incurred in a commercial venture
such as proper licensing in accordance with the FAA and Airport Liability Insurance.

SECTION 25 - UTILITIES
25.01 Utilities. Tenant agrees that it will at all times during the term of this Lease pay for all utilities
of every nature used by it on the Premises before the charges therefore become delinquent.

SECTION 26 - TAXES
26.01 Taxes. Tenant agrees to pay, prior to their becoming delinquent, all taxes of every nature
levied or assessed against either the interest of Landlord or Tenant on the Premises during the term hereof,
and on all property of Tenant placed upon the Premises.

SECTION 27 - LITIGATION, ATTORNEY'S FEES
27.01 Litigation. In the event Landlord shall, without fault on its part, be made a party to any
litigation commenced against Tenant, Tenant shall pay Landlord's costs of defense, including but not limited to
court costs and reasonable attorney's fees.
27.02 Attorney’s Fees. If any dispute arising under the terms of this Lease shall result in litigation,
the prevailing party shall, in addition to any other relief granted or awarded by the court, be entitled to an
award of a reasonable attorney's fee to be determined by the court.

SECTION 28 - ASSIGNMENT-SUBLETTING
28.01 Assignment. Tenant shall not sell, convey, assign, encumber or transfer this Lease, or
Tenant’s leasehold or fee interest in the Premises (as the case may be), or any portion thereof, or transfer or
assign the majority ownership or controlling interest in Tenant (collectively referred to herein as “Assignment”)
without the prior written consent of the Landlord, which consent shall not be unreasonably withheld,
conditioned or delayed. Any Assignment without Landlord’s prior written consent shall be void and shall
constitute a default by Tenant hereunder. The above prohibition on Assignments shall be construed to include
a prohibition against any assignment by operation of law, assignment for the benefit of creditors, voluntary or
involuntary bankruptcy or reorganization, or otherwise. The creation of any partnership, corporation, joint
venture, or any other arrangement under which any person or entity other than Tenant is entitled to share in
profits derived directly or indirectly from the Premises shall also be deemed an Assignment of this Lease. Any
sublease or other transfer of a portion of the Premises, whereby the subtenant or transferee obtains an
ownership interest in all or a part of the Improvements on the Premises, shall be deemed an Assignment of
this Lease. Any sublease or other transfer of a portion of the Premises shall be deemed a sublease of the
Premises instead of an Assignment and shall not be subject to the consent requirements of this Subsection
28.01, provided, however, that Tenant retains full ownership of the Improvements on the Premises.
28.02 In the event that Landlord consents to an Assignment of this Lease, pursuant to a request
from Tenant, Tenant shall cause to be executed by its assignee an agreement satisfactory to Landlords, whereby
such assignee agrees to perform faithfully and to assume and to be bound by all of the terms, covenants,
provisions and agreements of this Lease for the period covered by the assignment and to the extent the
Premises assigned.
28.03 Tenant shall include and incorporate into each sublease of the Premises a requirement that
such subtenant agrees to perform faithfully and to assume and to be bound by all terms, covenants,
provisions, and agreements of this Lease governing the use, operation and maintenance of the Premises.
Landlord shall be identified as a third-party beneficiary to such obligation.

SECTION 29 - DEFAULT IN TERMS OF THIS LEASE BY TENANT
29.01 Events of Default. The occurrence of any of the following shall constitute an event of default
hereunder:
A. The filing of a petition by or against Tenant for adjudication as a bankrupt or insolvent, or
for its reorganization or for the appointment of a receiver or trustee of Tenant’s property; an
assignment by Tenant for the benefit of creditors or the taking of possession of the property of Tenant
by any governmental officer or agency pursuant to statutory authority for the liquidation of Tenant.
B. Failure of Tenant to pay when due any installment of rent hereunder or any other sum
herein required to be paid by Tenant, and the continuance of such nonpayment for fifteen (15) days
after written notice from Landlord.
C. Abandonment of the Premises, as provided in Section 33 hereof.
D. Operation or maintenance of the Premises in violation of law, failure to maintain the
required insurance, or any other misuse of the Premises.
E. Tenant’s failure to perform any other covenant, condition or agreement of this Lease
within thirty (30) days after written notice by Landlords. In addition to correcting the
default, an administrative fee may be charged, as special damages, by Landlord to Tenant for the cost
of monitoring correction of such default. At no time shall this fee exceed one percent (1%) of the total
current annual rent paid to Landlord.

SECTION 30 - REMEDIES
30.01 Remedies. In addition to any and all remedies available to Landlord as a matter of law and
those set forth in other provisions of this Lease, Landlord shall, subject to any cure periods set forth herein,
have the immediate right, upon Tenant's default in any term or condition of this Lease, to re-enter the
Premises and occupy it and any improvements made by Tenant and to hold and/or re-lease the Premises and
any improvements made by Tenant. No such re-entry or taking possession by Landlord shall be construed as
an election to terminate this Lease unless a written notice of such intention is given to Tenant. Tenant shall
peaceably quit the Premises upon written notification by Landlord to Tenant of Landlord's intent to re-enter the
Premises and improvements placed thereon by Tenant. The various rights, elections, and remedies of
Landlord and Tenant contained in this Lease shall be cumulative, and no one of them shall be construed as
exclusive of any other or of any right, priority or remedy allowed or provided by law. Landlord shall use its best
efforts to mitigate cost to Tenant.

SECTION 31 - SIGNAGE
31.01 Signage. Tenant agrees to not construct nor maintain on the Premises outside of the
Improvements, or that are visible from outside, advertising signs or messages, of any kind or description,
except those pre-approved in writing by Landlord and are in compliance with the Fairfield Town Code, which
determination shall be made at its sole discretion, and will not be unreasonably withheld or delayed.

SECTION 32 - UNLAWFUL USE
32.01 Unlawful Use. No Improvements shall be erected, placed upon, operated or maintained on
the Premises, nor shall business be conducted or carried on thereon in violation of the terms of this Lease or
of any regulation, order, law, statute, by-law, or ordinance of any governmental authorities having jurisdiction
thereof.

SECTION 33 - ABANDONMENT
33.01 Abandonment. If Tenant, prior to the expiration or termination of this Lease by lapse of time
or otherwise, relinquishes possession of the Premises without Landlord’s written consent, such occurrence
shall be deemed to be an abandonment of the Premises and an event of default under this Lease.
If Tenant abandons the Premises or is dispossessed by process of law or otherwise, any personal property
belonging to Tenant and left on the Premises thirty (30) days following such abandonment or dispossession shall
be deemed to have been transferred to Landlord, and Landlord shall have the right to remove and to dispose
of the same without liability to account therefore to Tenant or to any person claiming under Tenant.

SECTION 34 - RESERVATIONS TO LANDLORD
34.01 Reservations to Landlord, Utility Easements. Landlord reserves for itself all utility easements
and rights-of-way over, across, and along the Premises reasonably necessary for the development of the
Airport, including without limitation, easements for sanitary sewers, drains, storm water sewers, pipelines,
manholes, connections, water, oil and gas pipelines, electric lines, cable television lines, and telephone and
telegraph lines drains, and access to such easements. Landlord reserves the right to determine the location of
such easements on the Premises in its reasonable discretion. Landlord also reserves the right to grant such
easements and rights-of-way in, over, and upon, along, or across all or a portion of the Premises to third
parties without the consent of Tenant.
34.02 Reservation to Landlord, Aviation Easements. There is hereby reserved to Landlord, its
successors and assigns, for the use and benefit of the public, a right of flight for the passage of aircraft in the
airspace above the surface of the Premises. This public right of flight shall include the right to create in said
airspace any noise inherent in the operation of any aircraft used for navigation or flight through said airspace
or landing at, taking off from, or operation of, the Airport.
34.03 Height Restrictions. Tenant, by accepting this Lease, expressly agrees for itself, its
successors and assigns, that it will not erect nor permit the erection of any structure or object nor permit the
growth of any tree on the Premises above the height limitations stated in FAR Part 77. In the event the
aforesaid covenant is breached, Landlord shall have the right, at the expense of Tenant, to enter upon the
Premises and remove the offending structure or object or cut the offending tree and charge the reasonable
expense thereof to the Tenant, which Tenant shall assume and pay.
34.04 No Interference with Aircraft. Tenant, by accepting the Lease, agrees for itself, its successors
and assigns, that it will not make use of the Premises in any manner which will interfere with the landing and
taking off of aircraft from the Airport or otherwise constitute a hazard to aircraft or ground operations normally
conducted on an airport. In the event that the aforesaid covenant is breached, Landlord shall have the right to
enter upon the Premises and cause the abatement of such interference at the reasonable expense of Tenant.

SECTION 35 - PARTIAL INVALIDITY
35.01 Partial Invalidity. If any term, covenant, condition, or provision of this Lease is held by a court
of competent jurisdiction to be invalid, void or unenforceable, the remainder of the provisions hereof shall
remain in full force and effect and shall in no way be affected, impaired, or invalidated thereby. If any term,
covenant, condition, or provision of this lease is found to be invalid, void, or in violation of any agreement or
granting instrument from the United States of America, it shall be deemed to have been deleted from the lease
and the remainder of the provisions shall remain in full force and not be affected, impaired, or invalidated
thereby.

SECTION 36 - MARGINAL CAPTIONS
36.01 Marginal Captions. The various headings and numbers herein and the grouping of the
provisions of this Lease into separate sections and subsections are for the purpose of convenience only, and
shall not be considered a part hereof.

SECTION 37 – NON WAIVER OF REMEDIES
37.01 Non-Waiver of Remedies. It is expressly agreed that neither the taking of possession of the
Premises nor the institution of any proceedings by way of unlawful detainer, ejectment, eminent domain,
quiet title, or otherwise, to secure possession of said Premises, nor the re-entry by Landlord with or without
the institution of such proceedings, nor the re-renting or subletting of said Premises, shall operate to terminate
this Lease in whole or in part, nor of itself constitute an exercise of Landlord’s option to do so, but only by the
giving of the written notice specifically specifying termination shall such termination be effected.
37.02 Continuation of Lease in the Event of Default. In the event Tenant breaches this Lease, or
any covenant, term or condition hereunder, and abandons the Premises, this Lease shall continue in force and
effect for so long as the Landlord does not terminate Tenant’s right to possession, and Landlord may enforce
all rights and remedies of Landlord including, without limitation, the right to recover rental as it becomes due
hereunder. Acts of maintenance or preservation or efforts to re-let the Premises, or the appointment of a
receiver upon the initiation of the Landlord to protect the Landlord’s interest under this Lease shall not
constitute a termination of Tenant’s right to possession.
37.03 Waivers, Landlord’s Right to Accept Rent. No waiver by either party of any breach, default or
any of the terms, covenants or conditions of this Lease shall be construed or held to be a waiver or custom of
waiver of any same, similar, succeeding or preceding breach, default or term of this Lease, as the case may
be. To be effective, all waivers shall be in writing and signed by the party to be charged. In case of a breach
by Tenant of any of the covenants or undertakings of Tenant, Landlord nevertheless may accept from Tenant
any payments hereunder without in any way waiving Landlord’s right to exercise the remedies hereinbefore
provided for by reason of any breach or lapse which was in existence at the time such payment or payments
were accepted by Landlord.
37.04 No Limitation of Rights. It is expressly understood that the enumeration herein of express
rights, options and privileges shall not limit Landlord, nor deprive Landlord of any other remedy or action or
cause of action by reason of any default of Tenant, including the right to recover from Tenant any deficiency
upon re-renting.
37.05 No Limitation of Remedies. The specific remedies to which Landlord may resort under the
terms of this Lease are cumulative and are not intended to be exclusive of any other remedies or means of
redress to which they may be lawfully entitled in case of any breach or threatened breach by either of them or
of any provisions of this Lease.

SECTION 38 - APPROACH PROTECTION
38.01 Approach Protection. Landlord reserves the right to take any action it considers necessary to
protect the aerial approaches of the Airport against obstruction, together with the right to prevent Tenant from
erecting or permitting to be erected, any building or other structure on the Airport, which in the opinion of
Landlord would limit the usefulness of the Airport or constitute a hazard to aircraft.

SECTION 39 - FAA APPROVAL
39.01 FAA Approval. The provisions of this Lease are subject to review and objection by the
Federal Aviation Administration.

SECTION 40 - HOLDING OVER
40.01 Holding Over. Holding over by the Tenant after the expiration of this Lease shall not
constitute a renewal of this Lease or give Tenant any rights under this Lease or in the Premises.
Notwithstanding this provision, however, any holding over after the expiration of the term of this Lease,
with the consent of Landlord, shall be construed to be a tenancy from month to month, callable upon thirty
(30) days written notice, and at a rental of one hundred fifty percent (150%) of the total monthly rental as
existed during the last year of the term hereof, and further upon the terms and conditions as existed other
than rental during the last year of the term hereof.

SECTION 41 – CONDEMNATION
41.01 Condemnation. If at any time during the term of this Lease the Premises or any part thereof is
taken or condemned under the laws of Eminent Domain by any governmental authority other than Landlord,
then and in every such case the leasehold estate and interest of the Tenant in said Premises taken shall
cease and terminate. Tenant shall be entitled to participate and receive any part of the damages or award,
where said award shall provide for moving or other reimbursable expenses for the Tenant under applicable
statute in which event the latter sum shall be received by Tenant, and that portion of any award allocated to
the taking of Tenant’s building, improvements, trade fixtures, equipment and personal property, or to a loss of
business by Tenant. None of the awards or payments to Landlord shall be subject to any diminution or
apportionment on behalf of Tenant or otherwise.

SECTION 42 - NOTICES
42.01 Notices. All notices given, or to be given, by either party to the other, shall be given in writing,
by certified mail return receipt requested, and shall be addressed to the parties at the addresses hereinafter
set forth or at such other address as the parties may by written notice hereafter designate. Notices and
payments to Landlord, and notices to Tenant.
42.02 It shall be Tenant's responsibility to notify Landlord in writing of any changes in the address for
notices.

SECTION 43 - REPRESENTATIONS AND AMENDMENTS TO BE IN WRITING
43.01 Representations and Amendments To Be In Writing. No oral promises, representations or
agreements have been made by Tenant or Landlord. This Lease is the entire agreement between the parties
(including employees, leasing personnel and other personnel.) Tenant and Landlord have no authority to
waive, amend or terminate this Lease or any part of it and no authority is to make promises, representations or
agreements which impose duties or other obligations of each party unless done so in writing.
SECTION 44 - SUCCESSORS IN INTEREST
44.01 Successors in Interest. The covenants herein contained shall, subject to the provisions as to
assignment, apply to and bind the heirs, successors, executors, administrators, and assigns of all the parties
hereto; and all of the parties hereto shall be jointly and severally liable hereunder.

SECTION 45 - FORCE MAJEURE
45.01 Force Majeure. If either party hereto shall be delayed or prevented from the performance of
any act required hereunder by reason of acts of God, strikes, lockouts, or other cause, without fault and
beyond the control of the party obligated (financial inability excepted), performance of such act shall be
excused for the period of the delay; and the period for the performance of any such act shall be extended for a
period equivalent to the period of such delay; provided, however, that nothing in this Subsection 45.01 shall
excuse Tenant from the payment when due of any rental or other charges required to be paid by Tenant
hereunder, except as may be expressly provided elsewhere in this Lease.

SECTION 46 - TIME
46.01 Time. Time is of the essence of this Lease.

SECTION 47 - NO PARTNERSHIP; NO THIRD PARTY RIGHTS
47.01 No Partnership; No Third Party Rights. Nothing contained in this Lease shall create any
partnership, joint venture or other arrangement between Landlord and Tenant. Except as expressly provided
herein, no term or provision of this Lease is intended to or shall be for the benefit of any person not a party
hereto, and no such other person shall have any right or cause of action hereunder.

SECTION 48 – NO BINDING CONTRACT UNTIL EXECUTION; AUTHORITY TO
EXECUTE
48.01 Authority to Execute. The person executing this Lease on behalf of or as representative for
Tenant warrants that he or she is duly authorized to execute and deliver this Lease on behalf of Tenant and
that this Lease is binding upon Tenant in accordance with its terms.
48.02 No Binding Contract Until Execution. NEITHER THE PREPARATION NOR THE DELIVERY
OF THIS LEASE TO TENANT FOR EXAMINATION SHALL BE DEEMED TO BE AN OFFER BY LANDLORD
TO LEASE THE PREMISES TO TENANT BUT SHALL BE MERELY A PART OF THE NEGOTIATIONS
BETWEEN LANDLORD AND TENANT. THE EXECUTION OF THIS LEASE BY TENANT SHALL BE
DEEMED TO CONSTITUTE AN OFFER BY TENANT TO LEASE THE PREMISES FROM LANDLORD
UPON THE TERMS AND CONDITIONS CONTAINED IN THIS LEASE, WHICH OFFER MAY BE ACCEPTED
BY LANDLORD ONLY BY THE EXECUTION OF THIS LEASE BY LANDLORD.

SECTION 49 – MISCELLANEOUS PROVISIONS
49.01 Governing Law. This Lease shall be governed by the laws of Maine. The forum selected for
any proceeding or suit in law or equity arising from or incident to this Agreement shall be Somerset County,
Maine.
49.02 Survival. The obligations under Section 10 (Improvements, Ownership), Section 12 (Hold
Harmless), Section 14 (Environmental Indemnification), Section 15 (Destruction of Improvements), Section
27 (Litigation, Attorney’s Fees), Subsection 28.01 (Assignment), Section 30 (Remedies), Section 33
(Abandonment), Section 35 (Partial Invalidity), Section 36 (Marginal Captions), Section 37 (Non Waiver of
Remedies), Section 40 (Holding Over), Section 42 (Notices), Section 44 (Successors in Interest), Section 46
(Time), Section 47 (No Partnership; No Third Party Rights), and Section 49 , (Miscellaneous Provisions), and
any other obligations which reasonably should survive, shall survive expiration or other termination of this
Agreement.

SECTION 50 – ADDITIONAL PROVISIONS
IN WITNESS WHEREOF, the parties have caused these presents to be executed the day and year
first hereinabove written.

LANDLORD(S):

Charlie Sabattis ___________________________________________

Jennifer Sabattis  __________________________________________

James Howard   ___________________________________________

TENANT:

Jim Roberge  _____________________________________________

Address:

________________________________________________________

________________________________________________________

________________________________________________________