EFTA02727497.pdf

OCT-13-2008 MON 09:20 AM AIRCRAFT SERVICES FAX NO, P. 02 212-3TI-1042 T-710 P.002/008 F-1500 Oct-08-2000 12:05p, Fran- AMENDMENT No, 1 TO S-76 NEW HELICOPTER SALES AGREEMENT THIS AMENDMENT, dated as of the Acceptance Date stated below, is made by and between the Sikorsky Contracting Entity (- Sikorsky") named below and the Buyer named below in respect of the 5-76 New Helicopter Sales Agreement (the "Agreement") eeectrted by the parties on or about December I7, 2007. I. Defiant's /Informationfor this Amendment 1110,er. Air Ghislaine, Inc. Sikorsky Contracting Entity: Sikorsky Aircraft Corimration Sikorsky Contract No: 76TD6167A. Amendment No.: 2. Preamble to tka Amenobtrent — The parties desire to amend the Agreement for the following purposes: i. To change the Scheduled Presentation Date for the Baseline Helicopterr and the Completion Services; and To change the Scheduled Presentation Date Completion Services and Delivery Date Completion Services. 3. Amendment - Sikorsky and Buyer, in consideriMon of the mutual agreements contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, and intending to be legally bound, do hereby agree 4S follows: A. Amend Article I of the Agreement as follows: La abgidgfi at lle ter Delete: December 2008, or earlier as may be practical at Sikorsky's option Add; June 2009, or earlier as may be practical at Sikorsky's option i.e. fifliaglitgfige,Aiie l riees " Delete: July 2009, or earlier as may be practical at Sikorsky's option Add: November 2009, or earlier as may be practice at Sikorsky's option 1.D. Vigifikd Delivery Date Conag,flOnlervicel Delete: July 2009, or earlier as may be practical at Sprorsky's option Add: November 2009, or earlier as may be practical at Sikorsky's option CWA PNG)? PROGRAM IS-1(0 PROPOSAL NO. 77(51,D&Itol-er- AUTHENTICATOR E i" 1 of'2, SUMUMMMECMEORDERMMUPW.7,8,9,1,15,1,117 EFTA02727497  OCT-13-2008 MON 09:20 AM AIRCRAFT SERVICES FAX NO. P. 03 ZII-$T1.1042 T-T80 P.0113/003 F-600 act-as-zoos 1::Oips From- AMENDMENT No. 11O -4t 14: S-76 NEW HELICOPTER SALES AGREEMENT 4. Regiftmuttion: Except as modified above, all of the provisions of the Agreement remain the same, and the Agreement, as modified hereby, is reaffirmed. IN WITNESS WHEREOF, this Amendment has been executed by each party's authorized representative. Air Gitislairm hie. Sikorsky Aircraft Corporation ----' By: • -- ._Lic-(_.c- c l_____.___ Name: -.' r-c.d. "114i te.f._ Name: ___\CaLIL_,L12a2,1) I' TM*: Title! Date: al- %v g-oP%__ Acceptant. Date: 01). 14 ,2pot3 54eFR0CRAMOOMEICWWV Pase2c12 SUBJECT TO PROTECTIVE ORDER PARAGRAPHS 7, 8, 9, 10, 15, and 17 EFTA02727498  AMENDMENT No. 2 TO S-76 NEW HELICOPTER SALES AGREEMENT THIS AMENDMENT, dated as of the Acceptance Date stated below, is made by and between the Sikorsky Contracting Entity ("Sikorsky") named below and the Buyer named below in respect of the S-76 New Helicopter Sales Agreement (the "Agreement") executed by the parties on or about December 17, 2007. 1. Definitions /Information for this Amendment Buyer: Air Ghislaine, Inc. Sikorsky Contracting Entity: Sikorsky Aircraft Corporation Sikorsky Contract No: 76TD6167A Amendment No.: 2 2. Preamble to the Amendment — The parties desire to amend the Agreement for the following purposes: i. To change the Scheduled Presentation Date for the Baseline Helicopter and the Completion Services; and ii. To change the Scheduled Presentation Date Completion Services and Delivery Date Completion Services. 3. Amendment - Sikorsky and Buyer, in consideration of the mutual agreements contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, and intending to be legally bound, do hereby agree as follows: A. Amend Article I of the Agreement as follows: 1.B Scheduled Presentation Date Baseline Helicopter Delete: June 2009, or earlier as may be practical at Sikorsky's option Add: December 2008, or earlier as may be practical at Sikorsky's option 1.C. Scheduled Presentation Date Completion Services Delete: November 2009, or earlier as may be practical at Sikorsky's option Add: September 2009, or earlier as may be practical at Sikorsky's option 1.D. Scheduled Delivery Date Completion Services Delete: November 2009, or earlier as may be practical at Sikorsky's option Add: September 2009, or earlier as may be practical at Sikorsky's option CWA PROGRAM I S1 (4, PROPOSAL. NO. Lo-r1) LA lim- AUThENTICAT0R e. Si-0 p4A I S-76 PROGRAM OFFICE 10/31108 Page 1 of 2 SUBJECT TO PROTECTIVE ORDER PARAGRAPHS 7, 8, 9, 10, 15, and 17 EFTA02727499  -c& AMENDMENT No. 2 TO S-76 NEW HELICOPTER SALES AGREEMENT 4. Reaffirmation: Except as modified above, all of the provisions of the Agreement remain the same, and the Agreement, as modified hereby, is reaffirmed. IN WITNESS WHEREOF, this Amendment has been executed by each party's authorized representative. Air Ghislaine, Inc. Sikorsky Aircraft Corporation By: la/uu2, NQOA By: Name: 1, Trevi K Name: Vick Conan" Title: / /i . r e eves cfe Title: 1()\0,1,- CRo Date: 3 t 0 Acceptance Date: Niprerithir (3, 200 8 I S-76 PROGRAM OFFICE 10/31108 Page 2 of 2 SUBJECT TO PROTECTIVE ORDER PARAGRAPHS 7,8,9, 10, 15, and 17 EFTA02727500  OEBE252i0SIKORSKY OEBE252009KORSKY 05:0026 p.m. 07-31-2009 1iS JUL-31-2009(FR') l0:3I P 002/006 AMENDMENT No. 3 TO S-76 NEW HELICOPTER SALES AGREEMENT THIS AMENDMENT. dated as of the Acceptance Date stated below, is made by and haw= the Sikorsky Contracting Entity ("Sikorsky" named below and the Buyer named blow in respect of the 5-76 New Helicopter Sales Agreement (the -Agreements) executed by the parties on or about December 17, 2007, as amended. I. Definitions/Informationfor this Amendment Buyer. Air Ghistaiw• Inc. Sikorsky Contracting Entity: Sikorsky Aircraft Corporation Sikorsky Contram No: 76TD6167A Amendment No.: 3 2. Preamble to Me Amendment N The panics desire to amend the Agreement for the following proposes: i. To revise the configuration of the Deluxe Executive Helicopter; and ii. M a result of the following changes, to revise the price and scheduled payments under this Agrament; and iii. To change the Scheduled Presentation Date Completion Services and the Scheduled Delivery Date Completion Services; and iv. To amend Article V, Standard Tams and Conditions to add Parson* 8, Gee Delivery. 3. Amendment - Sikorsky and Buyer, in consideration of the mutual agreements contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, and intending to be legally bound, do hereby agree as follows: i. Paragraphs C, D, F, G, H and 1.5 of Article 1 are hereby deleted and replaced with the following: C ScheduledPresentation Dote Completion Service December 7, 2009 D. ScheduledDeliveryDme Completion Servkes December 7, 2009 F. Completion Services Unit Ake: US$ 3,100,000 576 PROQUAI OFFICE Paso 1 *KS SDNY_GlItMD2300095 SUBJECT TO PROTECTIVE ORDER PARAGRAPHS 7, 8, 9, 10, 15, and 17 EFTA 00261734 EFTA02727501  O(8 E 252 @ SIKORSKY OEB E 252 @ SIKORSKY 0S:04:39 p.m. 07-31-2009 2/S JUL-3I-2009(FRI3 10:37 P. 003/006 AMENDMENT No. 3 TO S-76 NEW HELICOPTER SALES AGREEMENT G. Deluxe Executive USS Helicopter Unit Price: 11,700,000 H. Total Contract Price: USS 11,700,000 L Payments: I. Advance Payment USS 2,330,000 2. Baseline Helicopter Final USS 6,880,000 Payment 3. Completion Sendai US$ 1,220,000 Interim Payment S. Completion Services Final US$ 1,270,000 Payment ii. Paragraph 1.d of Article M is hereby deleted and replaced with the following: d. Completion Services Final Payment N in the amount of One Million Two Hundred Seventy Thousand USD (USS1,270,000) per Helicopter is due on the date of Buyer's acceptance of the Completion Services. If Buyer does not make itself available for presentation and acceptance of the Helicopter, the Baseline Helicopter Final Payment shall be due within ten (10) days following receipt by Buyer of written notification that the Helicopter is ready for presentation and acceptance. If Buyer's failure to raakc itself available is attributable to causes that would be an Excusable Delay as defined in ArtieleVI.I, then, without impairing any of SficorskYs rights under Article VI.2, Buyer shall be affordal such time as may be reasonably required to remove such causes. iii. Modify Exhibit A Part 2 as follows: S-M PROGIUM 0FtICE Page 2 af$ SDNY_GILM323001096 SUBJECT TO PROTECTIVE ORDER PARAGRAPHS 7, 8, 9, 10, 15, and 17 EFTA 00261735 EFTA02727502  0(0 E 25 2 @SIKORSKY OEB E 252(6/SIKORSKY 05:04:50Pal 07-31-2009 3/5 JUL-31-2009(FR1) 10:37 P. 001/006 AMENDMENT No. 3 TO S-76 NEW HELICOPTER SALES AGREEMENT Add: MO fa Wad U/15-1P• 09,1 4/ 40 ne)•0911,/ Starlasses MI_ 1001111 _:ErAugromd CowPa taw MKS :AilleolikeLEDUOILRn. TOP 0 :0**9.0": 41LEP1401•R!d• 8,?!." . .... *WO IUDPaillmpia_ __ _ . li --- -04014402:. maximei ea; 14-4-04414 elin M * eV 004 to WOMe 0Me cal neeInas lo 04 OMNI01 — _80222... eueosi &Mew seas. Raw ve roses Deg teaseb on asst tn. •010.mt • VSRM9lea ftbrab pao awe DOI meats O.M saw :110:174 pat n Iht ne twig,&Son/ lea one atom& gee _ 403 swat Peons %cm we teal PIMIin•s boatel d&tellen rat cwinIe asoiliiitar - *IP . awn LEDurarg unit welflak•Inialeraling __ . .....-- ___..-.._ .. _ 110010 LEO Recoplicn ligNsolit&Les& &Nat ,.. . - i4499- C.13C-Gr4 i3L4794throlosinen Xli wk. rice* este . 111 >311000•Als wantw to awaill 0 und0 Ken et tae MOM 0111000110 * ;19XCla .Fow 110 Vot AC datib tett towed toy 10:0 VA.-aa had to 4.4 pinat.Ctilin Ina* lb toga -••_ n AO= Scur 12 Vol CC aimicasSoi 9en et man wan coon i = *•:4Wa irilerice owt Woe keg petcans mows. Moan00 sal' xoa44/4411phi Sam re, IIMIMI FUTOW.C.101 LOP Pare as so-autighwassrensers. _ 1041914ICI rana11010astenston se eel krao4. 11•40401MICovoleble b saitftell. . -..........-1 9 :02WOOOM co moo kmMe vac ado 331:44 00 au cat KS nom i en astitin wen Olt Cantara Sawn .19% 1 Ames INK=Podia &Airy raw oat rpal. ae MA Oifiret00100AMlinide *SO Arkin penis fatjwilS kassaaamertee 9009 :.fisigiviombneisork.selerele• PtemattabbDatedle edirolha Innes tam& iheilnkinS now Moms 10:042 Pam Cobh 4444W )90344 tam 0•100 144441•0 Mole COMMA 910040.. 1049401aStlian 005143a4ca LIMN :912X411 30 BS 444404440 Cala MYPia (anew ink 616 & 7%01 00007 . UnInailtddlee& 6;1S al Owe& Omnet&Tm Cva& (sIninik ktasialdrielriltaa Inns Inn Rm. ods annod Cs Mama PideSAms KOS gulcou Ponmi0S.20.1WOt SS The is Fos nit vain pcnnos a4r OilutP*Direpaitioallmil .95000- __?40. 6:0014,4 S-74 PROOK4 Al 01410: SDNY_Gittitarlei0015 SUBJECT TO PROTECTIVE ORDER PARAGRAPHS 7, 8, 9, 10, 15, and 17 EFTA_00261736 EFTA02727503  E 25 2 °SIKORSKY OEB E 25 2 @SIKORSKY 05:05:12 p.m. 07-31-2009 4 /5 JUL-31-2009(FR1) 10:30 P. 005/006 AMENDMENT No. 3 TO ' S-76 NEW HELICOPTER SALES AGREEMENT Delete: Cale Deeerp5ao 30001 CabalICS 700/1 a 'Sate Cernnuticekes Stieun.4410ell1m10 a r' at-woven ftteraitroure Botch veninlIelhe CoNdlei MO :Wean Neese 43013 tAl/ Onettlen:11 /4 Place Mgf _ pate, Coat necks, Two IMO weAts P)ecn Access Panels CON 76407 ;031)55 ?Inn UlAcceolay Cahn • MIN 76205 Oen Mt-CiISWfl,Ned ...Ban .115001 Nctit-INNS Os iFtscoptom yolo:Licomen1FatInp lisps., __Lbw urns. 15071 Irtecelpre Ppon . :06073 iPutse Rec groan ion 10004_ .:eiciacate Noting Elm cemee cable NMI* to Mom Seer paeryper totem iota aitticroTheiMe, jade for we ;able cam CS IrTIM cabln @Mom locadonet AX471) rSaNcen Systeme:. be MSS nothciat the conat Korean cipabON(ref. code 32029 pule atepckn car rot pod Wp• *eke.Ereetudnewit Pithlo be Mare hat clan_Bon bias. No titer earemb, veleni 10707 Narrate vle Pod Wee I0312 —reolittii Yaps to Bs SelacedNthCoarse 11en1k4 • • IRSkeg be set, )4 presence, Wif4de el* loal ten same* We hind peeeenier. Armrest whit be Vatted stn i 10013 ..:111e Omani iength en remile bWll /neer fe lot POGICel P oePeke Oldiesen 00021 laMN) and holden lea 11001S lheepeldn Ormpallet bp cab Ow. 90016 Needed Memoirs iCuelemer Galen tuner Matelots • .Cuosner Firripheo matenen IPS*.Carpet. Sheen*, Panel Corompo 10017 ',Curium Uffictseny Wyk -00317 -- riliknaliCiellikliCede 67003 due to Cmoomet Firrished Wet MOMS ledFinle Ilartace It Me ear CS intent Comedic° to be het kidPenn limn* el Ole 00013 SW Who beach seat '%021 No m select the eel phone connection* any occare an the NMSim bench see* Nl paelkne.11e4 m Weiti iv. The following is added as Paragraph 8 of Article V, Standard Terms and Conditions: 8. Late Delivery — in the event Buyer does not accept the Completion Services by December 15, 2009 due to Buyer not being satisfied that the Completion Services presented on the Completion Services Presentation Date have been satisfactory completed and the Helicopter as previously accepted by Buyer, is in airworthy condition with all systems functional and in proper working order and with no damage incurred, pursuant to Paragraph 5 of Article B, Presentation of Completion Services for Acceptance of this Agreement, Sikorsky shall establish for Buyer a spares credit in the amount of 550,000. as liquidated damage for such delay. The spares credit shall be established at a Sikorsky's wholly owned subsidiary Helicopter Support, Inc. and must be used within three (3) years of the Scheduled Presentation Date Completion Services. In the event that any amount of the spares credit has not been used S.10 vxOGIGM OFFICE ParIota SDPN_GLIV13230110911 SUBJECT TO PROTECTIVE ORDER PARAGRAPHS 7, 8, 9, 10, 15, and 17 EFTA_00261737 EFTA02727504  019125249SIK0RSICY 0EBE75219SIK0RSK9 05:05.5447m. 07-31-2009 55 JUL-31-2009(FRI) 10:38 P. 006/006 AMENDMENT No. 3 TO S-76 NEW HELICOPTER SALES AGREEMENT or otherwise conmuncd by Buyer within such time, the spares credit shall expire and Sikorsky shall have no Anther obligation to Buyer hereunder. 4. Reaffirmation: Except as modified above, all of the provisions of the Agreement remain the same, and the Agreement, as modified hereby, is reaffirmed. IN WITNESS WHEREOF, this Amendment has been executed by each party's authorized representative. Air Ghislalae, Inc. Sikorsky Aircraft orporation BY: BY: , Name: Name: tile in Re( t_eln(A is \io riggsg - Corr" Date: Acceptance Date: 7 31/fl SidritOGR4MCIFFIC£ ngesas SDNY_GitMD2300088 SUBJECT TO PROTECTIVE ORDER PARAGRAPHS 7, 8, 9, 10, 15, and 17 EFTA 00261738 EFTA02727505  OE8 E 252 @ SIKORSKY OEB E 25 2 @SIKORSKY 02:53:33 p.m. 03-10-2010 /5 AMENDMENT No. 4 TO S-76 NEW HELICOPTER SALES AGREEMENT TIIIS AMENDMENT, dated as of the Acceptance Date stated below, is made by and between the Sikorsky Contracting Entity ("Sikorsky') named below and the Buyer named below in respect of the S-76 New Helicopter Sales Agreement (the "Agreement') executed by the parties on or about December 17, 2007, as amended. I. Definitions /Information for this Amendment Buyer. Shmitka Air, Inc. (formerly known as Air Ghislaine, Inc.) Sikorsky Contracting Entity: Sikorsky Aircraft Corporation Sikorsky Contract No: 761D6167A Amendment Na: 4 2. Preamble to the Amendment — The parties desire to amend the Agreement for the following purposes: i. To acknowledge that Air Ghislaine, Inc. has changed its name to Shmitka Air, Inc., that other than the change in name, the Buyer's legal identity, existence and status has not changed, and that, except as modified by this Amendment, the respective rights and obligations of the parties under the Agreement continue in full force and effect after the name change to the same extent that they existed immediately prior to the name change; ii. To change the Scheduled Presentation Date Completion Services and the Scheduled Delivery Date Completion Services; iii. To provide the Buyer with a credit of $175,000 toward the purchase of goods and services from Sikorsky's subsidiary, Associated Aircraft Group, Inc. ("AAG"); iv. To revise the configuration of the Deluxe Executive Helicopter; v. To amend Article VI, Standard Terms and Conditions, to revise paragraph 8, late Delivery. vi. To delete Sikorsky's obligation to provide twenty (20) hours of charter time from AAG as originally set forth in the Agreement; and vii. To reduce die Completion Services Unit Price, Deluxe Executive Helicopter Unit Price, Total Contract Price and Completion Services Final Payment by USS20,000. 3. Amendment - Sikorsky and Buyer, in consideration of the mutual agreements contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, and intending to be legally bound, do hereby agree as follows: i. Sikorsky acknowledges that pursuant to a separate letter agreement dated on or around the date of this Amendment 4 to the Agreement, it recognized that Air Ghislaine, Inc. changed 5.76 PR0GRAMOFFICE OYOWl0 OVA Pam 1 ors SDNYGadv172300014) SUBJECT TO PROTECTIVE ORDER PARAGRAPHS 7, 8, 9, 10, 15, and 17 EFTA 00261739 EFTA02727506  OE8 E 25 2 SIKORSKY Ofa E 2S 2 @ SIKORSKY 02:S6:02 p.m. 03-10-2010 215 AMENDMENT No. 4 TO S-76 NEW HELICOPTER SALES AGREEMENT its name to Shmitka Air, Inc. and that, except for the change in its name, the Buyer's legal identity, existence and status has not changed as a result of the name change. Accordingly, Sikorsky acknowledges and agrees that, except as modifi ed hereby, the respective rights and obligations of Sikorsky and Buyer or Customer (now known as Shinnlca Air, Inc.) continue in full force and effect after the name change to the same extent they existed immediately prior to the name change. ii. Paragraphs C and D of Article I of the Agreement are hereby deleted and replaced with the following: C Scheduled Presentation Date Completion Services March 2010 D. Scheduled Delivery Date Completion Services March 2010 iii. In consideration of the Buyer's acceptance of the revised Scheduled Presentation Date Completion Services and Scheduled Delivery Date Completion Services, Sikorsky agrees to provide Buyer with a credit of US$ 175,000 (the "Credits) toward the purchase of goods and services offered by Sikorsky's subsidiary, AAG, in the ordina ry course of AAG's business. The Credit may be applied to such goods and services offered by AAG, which include, without limitation: (a) charter services for charters of S-76 aircraft out of any location at which AAG offers charter services at AAG's published charter rate, less a discount of ten percent (10%); (b) labor charges at AAG's standard rates for the performance of scheduled and unscheduled maintenance; (c) the provision of spare parts at AAG's standard published prices; and (d) any other services or products offered by AAG from time to time (at the standard rates and prices therefore). If so requested by the Buyer, all or some of the Credit may be applied toward the Buyer's purchase of pilot trainin g services from £light Safety, Inc. (at the standard rates and tams therefore). The Credit shall be valid for forty-eight (48) months from the date on which Buyer accepts the Completion Services performed on the Helicopter. iv. In consideration of the Buyer's acceptance of the revised Scheduled Presentation Date Completion Services and Scheduled Delivery Date Compl etion Services, Sikorsky agrees to revise the configuration of the Deluxe Executive Helicopter as provided herein at no additional charge. Accordingly, Exhibit A Part 2 of this Agreem ent is modified as follows: S76PROGRANOFF/CEOWS9001.0' Par 2 of S sDNY_GLIADZOCI000 SUBJECT TO PROTECTIVE ORDER PARAGRAPHS 7, 8, 9, 10, 15, and 17 EFTA 00261740 EFTA02727507  OEB E 151O SIKORSKY OEB E 25 2 @SIKORSKY 07:54:39 p.m. 03-10-1010 3 AMENDMENT No. 4 TO 5-76 NEW HELICOPTER SALES AGREEMENT Add: • '.1"4--- - ' .., • ' - 47,7 63010 Aft Facing Beach, Three/Four Passenger w/ 3 Under-Seat Swage Drawers Custom Poniard-Facing Beach Seat, Three to Four Place with Single Center Custom Fold- 90052 Down Aim Rest with Custom Stooge Compartments Custom Upholstery Modification to Forward and Aft Seat Benches, as well as Additional 90053 Outboard Cushion Styling 90054 Move pilot seat aft shightly 1.5 Inches Connection of audio from the #2 VHF radio (COM I) to the cabin ICS circuit, with on/off 90031 switch in cockpit Cabin Entertainment System with: —4 Audio sources: &cid deck, auxiliary stereo audio input, XM Radio from Carotin. GDL-69A (with remote control), and Alt audio from VIE 82, Audio source selection switch panel and call pilot switch peel, -Audio plays over headsets only, not speakers, Keystone to revise locations of Bose cabin headset books as per discussion 90039 with customer in FL and layouts provided Oct 29, 09 Registration number changes from N908GM to N7220, Number will be painted in Sherwin 90057 Williams Jet Gio, Nebula 08452, lettering will be in -plain round'. 90055 Three neck cushions for rear bench seat 90056 Fabricate cockpit maintenance floor runners to match color of leather on cockpit door storage compartments 000510 Please be advised that option code numbers 90055 and -9466 will be installed on the Buyer's Helicopter at Sikorsky's facility located in Coatesville, Pennsylvania (or at AAG's facility located in Wappingers Falls, NY) on a date and time that is mutually agreed between Sikorsky and Buyer. Buyer also has the option to have Sikorsky replace the fabric behind the Helicopter's rear beach with a minor (or minor-like material). If so requested, this replacement and installation will take place at Buyer's next annual inspection for the Helicopter, and will take place at Sikorsky's facility located in Coatesville, Pennsylvania (or at AAG's facility located in Wappingers Falls, NY) on a date and time that is mutually agreed between Sikorsky and Buyer. I S-76PROcH4ji OMCEMM0141840 hee 3 of 5 5ON T_G tdVIDDOQ9102 SUBJECT TO PROTECTIVE ORDER PARAGRAPHS 7, 8, 9, 10, 15, and 17 EFTA_00261741 EFTA02727508  0E8 E 25 2 @ SIKORSKY OEB E 252 @ SIKORSKY 02:55:27 p.m. 03-10-2010 4 /5 AMENDMENT No. 4 TO S-76 NEW HELICOPTER SALES AGREEMENT Delete: Custom Aft-Fachg Beach Seat, Thee to Four Phce, with Shorten 90008 ed Single Centex Fold- DownPadded Atm Rest Custom Forward-Facing Bench Seat Bate to Far Place with 90049 shortened Sire: Center Fob. Down Padded Arm Rest 50037 Connection of audio from the 81VHF radio (COM 1) to the cabin ICS drcuit, with on/off switch in code • t bin Entertalnrnent System with: - 3 Audio sources: IPod dock, auxiliary stereo audioInput, and XM Radio front Ganaln GIX- 90339 69A (with remote control) - Switch panels (qty 0) with Source Select and Call button -Audio s over headsets oni , not s • akers v. Paragraph 8 (Late Delivery) of Article VI (Standard Terms and Conditions) of the Agreement, is hereby deleted in its entirety and replaced with the following: 8. Late Delivery — Sikorslcy's providing the Buyer with (a) a USS175,000 credit with AAG and other benefits described in Section 3i11 of Amendment No. 4 to this Agreement, (b) the revised configuration at no additional charge to the Buyer, and (c) a US$20,000 reduction in the Comp letion Services Final Payment as described in Sections 3vii and 3viiii of Amend ment No. 4 to this Agreement, shall be the exclusive remedies to the Buyer for the delivery delay under the Agreement. vi. Paragraph 7 (Charter Time) of Article U (Desc ription of Sale) is hereby deleted in its entirety vii. Paragraph F. (Completion Services Unit Price), Paragr aph G. (Deluxe Executive Helicopter Unit Price), Paragraph H. (Total Contra ct Price) and Paragraph 1.5. (Completion Services Final Payment) of Article I (Definitions/Information for this Agreement) are hereby deleted and replaced with the following: F. Completion Services Unit Price: US$3,080,000 G. Deluxe Executive Helicopter Unit Price: US$ 11,680,000 H. Total Contract Price: USS11,680,000 I. Payments: S. Completion Services Final Payment: USS1,250,000 I 5-76 PROGRAM OfP7CEeaki00306760 rgee 615 SDNY_GIWOZipentl3 SUBJECT TO PROTECTIVE ORDER PARAGRAPHS 7, 8, 9, 10, 15, and 17 EFTA_00261742 EFTA02727509  OE B E 25 2 @SIKORSKY OE B E 25 2 @ SIKORSK Y 02'56:07 p.m. 03-10-2010 5/5 AMENDMENT No. 4 TO S-76 NEW HELICOPTER SALES AGREEMENT viii. Paragraph 1.d (Completion Services Final Payment) of Article Hi (Prices/Payment Schedule) is hereby deleted and replaced with the following: d. Completion Services Final Payment — in the amount of One Million Two Hundred Fifty Thousand USD (USSI,250,000) per Helicopter is due on the date of Buyer's acceptance of the Completion Services. If Buyer does not make itself available for presentation and acceptance of the Helicopter, the Completion Services Final Payment shall be due within ten (10) days following receipt by Buyer of written _notification that the Helicopter is ready for presentation and acceptance. If Buyer's failure to make itself available is attributable to causes that would be an Excusable Delay as defined in Article VII, then, without impairing any of Sikorsky's rights under Article VI.2. Duvet shall be afforded such time as may be reasonably required to remove such causes. 4. Reaffirmation: Except as modified above, all of the provisions of the Agreement remain the same, and the Agreement, as modified hereby, is reaffirmed. IN WITNESS WHEREOF, this Amenchnent has been executed by each patty's authorized representative. Shrnitica Air, Inc. Sikorsky Aircraft Corporation By: :1 Nki ati< 14C24. - BY: N ten Name: rivreiN K 'La ck Name: \Art( ConanT Title V e_ Prestatj rAC1-O-4:Wr t CE 0 Date: VAOY q, a.oID Acceptance Date: ‘ofu,n, q,2OIQ I .C-76 PItOGIUMOIFICSOASEIPMAVIO hioas smy_Gittymman SUBJECT TO PROTECTIVE ORDER PARAGRAPHS 7, 8, 9, 10, 15, and 17 EFTA 00261743 EFTA02727510  Perrault, Ted SIK From: Shurkus, Christopher R SIK Sent: Tuesday, March 30, 2010 4:47 PM To: Perrault, Ted SIK Subject: FW: NC 750 Importance: High You can CWA From: Darren Inclyke [maillto:[email protected]] Sent: Tuesday, March 30, 2010 4:38 PM To: Shurkus, Christopher R SIK Subject: Re: A/C 750 Importance: High Thought that I already confirmed. Sorry. I confirm that I accept the correction of the inadvertent typo relating to the option code, and approve the change of that typo from 9056 to 90056. thanks. Darren On Mar 30, 2010, at 3:37 PM, Shurkus, Christopher R SIK wrote: Hi Darren, Could you please respond back to the email I sent you last week regarding the e-mail that you accept SAC's manual change to pa