Res 2018-106/Amended and Restated Airport Facility Lease Agreement for Commercial Fixed Base Operator (FBO) Use with Berry Aviation, Inc. for the FBO terminal facility and associated fueling facilities at the San Marcos Regional Airport

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liability arising solely out of willful misconduct, gross negligence, breach of this Lease or breach of any strict liability obligations. c.Waiver of Consequential Damages. EACH PARTY HEREBY WAIVES ANY AND ALL RIGHTS TO RECOVER ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES FROM THE OTHER PARTY, INCLUDING CLAIMS OF PERSONS AND ENTITIES CLAIMING BY OR THROUGH ANY OF THEM AND OTHER SIMILAR CLAIMS OR DAMAGES. d.Claims Against Lessee. If any claim, demand, suit or other action is made or brought by any person or entity against Lessee arising out of or concerningthis Lease, Lessee shall give written notice thereof, to Lessor and Airport Management within ten (10) days after receipt of such claim, demand, suit or action. e.Notice. Lessee shall promptly (and in all events within three Business Days) notify Lessor and Airport if it is involved in any accident on the Leased Premises or Airport. To the extent Lessee’s officers are aware of any defects in Airport runways, taxiways, landing areas, lighting systems or other facilities which may require immediate attention, Lessee shall promptly notify Airport Management of the same (Lessor acknowledging that inspection and reporting is not Lessee’s obligation, and that such notice is provided as a courtesy to Lessor). f.Security. Lessor does not guarantee police protection or security to Lessee or its property and, except as provided in subsection b above, (i) Lessor and Airport Management shall not be responsible for injury to any person on the Leased Premises or for harm to any property which belongs to Lessee or those claiming by or through Lessee, or which may be stolen, destroyed or damaged; and (ii) LESSEE SHALL DEFEND, INDEMNIFY AND HOLD HARMLESS LESSOR AND AIRPORT MANAGEMENT AND THEIR RESPECTIVE OFFICERS, EMPLOYEES, AGENTS AND REPRESENTATIVES HARMLESS FROM AND AGAINSTANY AND ALL SUCH CLAIMS. ARTICLE 12: CONDEMNATION 12.01Total: If the whole of the Leased Premises is taken by eminent domain, then this Lease shall terminate as of the date the title vests in the condemning authority. 12.02Partial: If a portion of the Leased Premises is taken by eminent domain, and the partial taking renders the FBO Space, Fuel Facilities and/or Self Service Facility unsuitable for the business of Lessee, then this Lease shall terminate; provided, in the event the taking is of (i) the FBO Space but not of the Fuel Facilities and Self Service Facility, at Lessee’s option, this Lease shall not terminate but shall be amended to exclude the FBO Space and continue the Lease in place with respect to the Fuel Facilities and Self Service Facility; and (ii) the Fuel Facilities and/or Self Service Facility, at Lessee’s option, this Lease shall not terminate but shall be amended to substitute replacement facilities at a location reasonably approved by Lessee or to include the Fuel Facilities and/or Self Service Facility in the Hangar Lease or other leasehold of Lessee at the Airport. If the partial taking is not extensive enough to render the FBO Space, Fuel Facilities and/or Self Service Facility unsuitable for the business of Lessee, then this Lease shall continue in effect with respect to the remainder of the Leased Premises, except that the fixed annual rental shall be reduced and adjusted in an appropriate manner. 13