The Woodlands Helipad 1TE2

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Terms & Conditions

A copy of the General Liability Insurance Policy for each helicopter must be filed with the Galaxy FBO prior to helipad use. The insurance policy must provide a minimum of two million dollars general liability coverage and name Galaxy FBO Holdings, LLC as The Certificate Holder (Co-insured).

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Agree to the Terms & Conditions

APPROVAL MUST BE GRANTED FOR EACH AND EVERY OPERATION

Indemnification:

By User. User shall be liable for the acts or omissions of the User without limitation and further agrees to indemnify, defend, and forever hold harmless Galaxy, the Authority and their respective officers, directors, employees, agents, servants, contractors, subcontractors, vendors, invitees (collectively, the “Galaxy Parties”) from and against any and all claims, liabilities, losses, demands, fines, suits, penalties, actions, judgments or other expenses, including, but not limited to, FAA and TSA fines or assessments, reasonable attorney’s fees and costs (collectively “Damages”) incurred by any of the Galaxy Parties and arising from any negligent or intentional acts or omissions of the User; provided, however, that this indemnity does not apply to Damages caused by the negligent acts or omissions of any of the Galaxy Parties.

By Galaxy. Galaxy shall be liable for the acts or omissions of Galaxy without limitation and further agrees to indemnify, defend, and forever hold harmless the User from and against all Damages incurred by the User and arising from any negligent or intentional acts or omissions of Galaxy; provided, however, that this indemnity does not apply to Damages caused by the negligent acts or omissions of the User.

Exclusion and Duration. The indemnifications set forth shall (1) survive the expiration of this specific operation, (2) not be construed to negate or abridge any other indemnity obligation that would exist at common law, and (3) not be limited by any provision of insurance.

Limitation of Liability.

Notwithstanding anything to the contrary in this agreement, (i) the liability of the Galaxy parties to user shall be limited to an amount equal to Galaxy’s sublease hold interest in the Galaxy helipad; (ii) user shall look solely to Galaxy’s sublease hold interest in the Galaxy project for the recovery of any judgment or award against any Galaxy party; (iii) no Galaxy party shall have any personal liability for any judgment or deficiency, and user waives and releases such personal liability on behalf of itself and all parties claiming by, through or under user; and (iv) no Galaxy party shall be liable for any injury or damage to, or interference with, user’s business, including loss of profits, loss of rents or other revenues, loss of business opportunity, loss of goodwill or loss of use, or for any form of special, consequential, or punitive damage. Except as provided in the preceding sentence, user waives all other rights of recovery against all Galaxy parties.

Waiver:

Notwithstanding anything in this document to the contrary, User waives, and shall cause its insurance carrier(s) and any other party claiming through or under such carrier(s), by way of subrogation or otherwise, to waive any and all rights of recovery, liabilities, obligations, damages, penalties, claims, costs, and expenses, including reasonable attorneys’ fees (together, “Claims”), against all Galaxy Parties for any loss or damage to User’s business, any loss of use of the Premises, and any loss, theft or damage to the Aircraft or other User’s property, including all rights (by way of subrogation or otherwise) of recovery, claims, actions or causes of action arising out of the negligence of any Galaxy party, which loss or damage is (or would have been, had the insurance required by this document been maintained) covered by insurance. In addition, Landlord waives, and shall cause its insurance carrier(s) and any other party claiming through or under such carrier(s), by way of subrogation or otherwise, to waive any and all rights of recovery, Claim, action or causes of action against User for any loss of or damage to or loss of use of the Galaxy Project or any contents thereof, including all rights (by way of subrogation or otherwise) of recovery, claims, actions or causes of action arising out of the negligence of user, which loss or damage is (or would have been, had the insurance required by this Document been maintained) covered by insurance.

Neither Galaxy nor user shall be liable to one another for any loss, damage, or personal injury arising, directly or indirectly, out of any act of negligence or misconduct of any other user, transient or other occupant or user of the hangar or the airport or for any loss, damage or personal injury resulting from or arising, directly or indirectly, out of high winds, weather, natural disasters or other acts of god, war or acts of war, or other events of force majeure. This waiver does not affect user’s responsibility for and Galaxy’ rights to collect rent as provided hereunder or payment for any goods and services provided to user.