AIRCRAFT TOWING AND RECOVERY LIABILITY WAIVER AND RELEASE

10 AIRCRAFT TOWING AND RECOVERY LIABILITY WAIVER AND RELEASE ___________________________ the “ Operator ” of the aircraft identified as _____________ the “ Aircraft ” , hereby authorizes the Johnston County Airport Authority as operator of Johnston Regional Airport the “ Airport ” to tow and recover the Aircraft Operator represents and warrants that he is the owner of the Aircraft , the authorized agent of the owner of the Aircraft , or otherwise has the authority to enter into this agreemen t on behalf of the owner of the Aircraft Operator agrees and understands that circumstances outside of the control of the Airport regarding the Aircraft may make towing and recovery of the Aircraft unusually difficult Operator understands that the towing and recovery of the Aircraft involves in herent risks and dangers of accidents , property loss or damage , and personal and economic loss These may result not only from the actions , inactions or negligence of the Operator but from the actions , inactions or negligence of others , or from the condit ion of the Aircraft O perator represents that it understands the risks involved and voluntarily and freely chooses to assume all risks Operator , its representatives , heirs , executors , administrators , employees , insurers , predecessors , successors and assigns , hereby waives , releases and discharges all claims , causes of action , damages , losses and costs including attorney’s fees , includin g but not limited to personal injury and property damage , against the Airport , its insurers , representatives , employees , predecessors , successors and assigns , including the Johnston County Airport Authority and its members , insurers , representatives , emplo yees , predecessors , successors and assigns the “ Authority ” , from any and all claims against the Airport and the Authority in any way related to or arising out of the towing or recovery of the Aircraft Owner agrees to indemnify and hold harmless the Air port and the Authority , and their members , employees , insurers , representatives , predecessors , successors and assigns , from and against all liabilities , claims , causes of action , damages , fees and expenses including without limitation , reasonable attorney ’ s fees and costs arising out of or in any way related to the towing and recovery of the Aircraft This waiver , release , indemnity and hold harmless agreement is for any type of claim and includes claims for alleging negligence against the Airport or the Authority to the fullest extent of the law Owner agrees that it will not initiate any claim , lawsuit , court action , or other legal proceeding or demand against the Airport or the Authority , nor join or assist in the prosecution of any claim for money or other which anyone may have , on account of lo sses or damages sustained by Operator or other parties , in connection with the towing or removal of the Aircraft and waives any right it may have to do so This means that Operator cannot sue to hold the Airport or the Authority responsible for any loss or damage sustained by Operator or other part y’s property in connection with the towing or removal of the Aircraft , even if it is due to the negligence , injudicious act , omission , or other fault of the Airport or the Authority Operator waives its insurers ’ right to make a claim against the Airport and the Authority based on payments by insurers to Operator or on its behalf for any reason This means Operator’s insurers have no rights of subrogation against the Airport or the Authority OPERATOR REPRESENTS AND WARRANTS THAT IT HAS READ THIS RELEASE AND WAIVER , FULLY UNDERSTANDS ALL THE TERMS , UNDERSTANDS THAT IT IS VOLUNTARILY GIVING UP SUBSTANTIAL LEGAL RIGHTS BY SIGNING BELOW , AND HAS SIGNED THIS RELEASE FREELY AND VOLUNTARILY AND WITHO UT INDUCEMENT , ASSURANCE , OR GUARANTEE OF ANY NATURE BEING MADE TO OPERATOR OPERATOR WARRANTS THE TRUTH OF THE ABOVE STATEMENTS AND DECLARES THAT IT HAS NOT WITHHELD ANY INFORMATION THAT WOULD INFLUENCE THE DECISION OF THE AIRPORT TO TOW OR RECOVER THE AIRCRAFT BY SIGNING , OPERATOR ACKNOWLEDGES THAT IT HAS READ AND UNDERSTOOD ALL OF THE TERMS OF TH IS AGREEMENT AND THAT IT IS VOLUNTARILY GIVING UP SUBSTANTIAL LEGAL RIGHTS , INCLUDING THE RIGHT TO SUE THE AIRPORT AND THE AUTHORITY ________________________________ _____________________ Aircraft Operator Date ________________________________ _____________________ Airport Representative DatePage