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I 0g/15/2004 11:45 51227g0807 DUNAGAN CHILDS PAGE 02/05 100. AMENDMENT TO SUBLEASE OF AIR.PORT PROPERTY Effective date: September 15,2004 This Amendment to Sublease of Airport Property (the "Am,endment") is made by and between Heam Aviati.on, Inc., a Texas Corporation ("Lessor''); EBS, Inc., a Texas Corporation ("Lessee"); and Tejas AeroServices, L.P., a Texas Limited Partnership ("Assignee"); and amends the Sublease of Airport Property for Business Use (the .'Sublease'1 dated November 21,2001 by and between Lessor and Lessee. Capitalized te,nns used herein and not otherv.'ise defined shall have the same meaning as set forth in the Sublease. Lessor, Assignee, and Lessee desire to and hereby agree to Assign the Sublease to Assignee on the terms and conditions set forth below; Lessee joins in this Amendment for the purposes stated. herein: I 1. ~llhlp::l~~ A~'1ivunflnt. For the payment of good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged; and in consideration of the amendment to the Sublease as set forth herein. Lessor~ Lessee, and Assignee, hereby agree that the Lessee's interest in the Sublease shall be transferred and assigned by Lessee to Assignee effective as of the Effective Date of this Amendment. Assignee hereby assumes and agrees to perform all of the terms, covenants and conditions of the Sublease on the part of the Lessee therein required to be performed and accruing or arising from and after the Effective Date of this Amendment. Notwithstanding such assignment, Lessee shall continue to be obligated, to payor perform, as applicable, the following: (i) all sums due (and regardless of whether the same has/have been billed or invoiced) as to the Building or otheI'\\'ise under the Sublease, including without limitation, pa)'ment of all Rent~ personal property taxes, insurance, and other costs prior to the Effective Date of this Amendment; (ii) all of the environmental covenants 8l1d conditions of the Sublease and all duties to indemnify and hold the Lessor and the Assignee harmless respecting any act, occurrence or event whenever occurring; and (iii)all other terms, conditions, covenants, representations and warranties of the Sublease which are intended to survive the Term ofthe Sublease. 2. Ieo:o.: The "Term" of this Sublease, as amended and extended hereby, shall commence on October I, 2004, and shall expire on December 31, 2007, I 3. Optinl1 1'0 Renew: Assignee shall have the right to renew this Sublease upon its same tenns and conditions for three (3) years (the "Three-Year Renewal T enn"), effective upon dispatch of written notice to Lessor. The Three-Year Renewal Term shall expire on December 31~ 2010. The Assi.gnee shall have the right of first refusal to renegotiate this Sublease upon expiration of the TlJree-Year Rene",-aJ. Tenn. 4. Rent: Rent during the first year of the Term set forth in paragraph 2, above shall be equivalent to the existing Sublease payment.. currently $3,1.82.70 per month. The provisions of paragraph 2 of the Page 1 Amendment to Sublease of Airport Property