MARTHA'S VINEYARD LAND BANK COMMISSION

APPLICATION FOR PERMISSION TO LAND AT TRADE WIND FIELDS PRESERVE, OAK BLUFFS, MA

License Type *
Please list all planes you want permission to land (N#, make, model, color).
You may list as many as five planes.  Press the + to add more lines.
INDEMNIFICATION AGREEMENT  (acknowledgement at bottom of page)

This Indemnification Agreement is executed on this day by the above-named applicant (the "Indemnitor") in favor of the Martha's Vineyard Land Bank Commission, a corporate body politic with a principal place of business at 167 Main Street, Edgartown, Mass (the "Land Bank").

RECITALS

WHEREAS, Indemnitor desires to obtain permission to use the Land Bank's Trade Wind Fields Preserve airstrip; and

WHEREAS, Indemnitor either owns or leases the above-listed aircraft(s) and wishes to operate such aircraft(s) at Trade Wind Fields; and

WHEREAS, Indemnitor is aware (1.) that the Trade Wind Fields airstrip is not currently maintained or kept in repair by the Land Bank; and (2.) that neither the Land Bank nor any employee or attendant of the Land Bank is charged with the duty of maintaining, caring for or guarding said airstrip; and

WHEREAS, indemnitor is aware that hazards exist on or near the Trade Wind Fields airstrip including, but not limited to, loose soil, wildlife, pedestrians and others; and

WHEREAS, Indemnitor is aware that there is no regulation of air traffic or prevention of trespass by animals, persons or vehicles at the Trade Wind Fields airstrip;

NOW THEREFORE in consideration of the undersigned's being granted permission to use the Trade Wind Fields airstrip and the ancillary adjacent premises, Indemnitor hereby agrees as follows:

AGREEMENT

1. Use of Airstrip: The use of the Trade Wind Fields airstrip and ancillary adjacent premises by Indemnitor, its agent, servants, employees, licensees and invitees (collectively, the "Indemnitor Parties") shall be subject to the following conditions and restrictions: [a] Such use shall be for a period of time commencing on the date of execution of this Agreement and terminating on December 31 of that year and for no other time period whatsoever. [b] Such use of said airstrip shall be confined to periods of daylight and no landings, takeoffs or other use of said airstrip shall be performed during times of reduced visibility, whether caused by darkness, inclement weather or otherwise. [c] Indemnitor shall comply with Section 3 hereof.

2. Termination: Upon five (5) days written notice to indemnitor, the Land Bank may terminate any and all rights of the Indemnitor Parties under this Agreement. Notwithstanding the foregoing, if Indemnitor breaches any term or condition of this Agreement, the Land Bank may immediately terminate any and all rights of the Indemnitor Parties under this Agreement. The Land Bank's termination of the Indemnitor Parties' rights under this Agreeement shall in no way affect Indemnitor's obligations under Section 3 hereunder.

3. Assumption of Risk: Indemnitor does hereby for itself, its heirs and personal representatives, assume any and all risks and hazards of the use of the Trade Wind Fields airstrip and ancillary adjacent premises (including, but not limited to, those risks and hazards described in the Recitals herein above) and releases and discharges the Land Bank, its agents, servants and employees of and from any and all liability, and hereby indemnifies and agrees to hold harmless the Land Bank, its agents, servants and employees against any and all liability, claims and demands for injury or damage to the person and property of the Indemnitor Parties, and each of them and to the person or property of others, including the Land Bank, its agents, servants and employees, arising out of or claimed to arise out of or in any way connected with the use by the Indemnitor Parties, and each of them, is aforesaid or said airstrip and ancillary premises. *