DEPOSIT AGREEMENT. Cessna CitationJet (CE525) ATLAS Active Winglet

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Transcription:

DEPOSIT AGREEMENT Cessna CitationJet () ATLAS Active Winglet Tamarack Aerospace Group, Inc. Attn: Accounting Sales Order 2021 Industrial Drive Sandpoint, ID 83864 Buyer: Attn: Address: (Street, city, state, zip) Business Telephone: e-mail 1 Offering Description The Buyer's signature on this Order Deposit Contract (this Order Deposit Contract ) indicates the Buyer has decided that they would like to purchase a Tamarack ATLAS Active Winglet retrofit kit for a Cessna CitationJet Model (including aircraft known as M2 models) as indicated in Section 9 below (the Kit ), and is hereby submitting an order for the Kit on the following terms. 2 Deposits Buyer is placing an order for an installed Kit as indicated in Section 9 below: (a) Buyer elects to place an order for the Kit on the terms set forth in this Order Deposit Contract. Upon receipt of this Order Deposit Contract signed by Buyer and accepted by TAMARACK AEROSPACE along with the following deposit, TAMARACK AEROSPACE will assign Buyer an order for that type of Kit. (b) Buyer hereby submits a deposit of ten thousand dollars ($10,000.00) indicated in Section 5 (the Deposit ), payable to TAMARACK AEROSPACE GROUP, INC. in order to place an order for the Kit. Deposit is fully refundable for any reason before a fully executed purchase agreement is in place.

3 Delivery Positions Delivery positions are determined by TAMARACK AEROSPACE or its authorized designee, in the event TAMARACK AEROSPACE enters into an agreement for installation of the Kit for the Buyer s specific model of aircraft. TAMARACK AEROSPACE or its authorized designee will consider the date in which the order was taken in assigning delivery positions. Within ten (10) calendar days of receipt of the Parts Manufacturer Approval ( PMA ) by TAMARACK AEROSPACE from the Federal Aviation Administration ( FAA ), or for European registered aircraft, Production Organisation Approval ( POA ) from the European Aviation Safety Agency ( EASA ), TAMARACK AEROSPACE or its designee will make available to Buyer the available installation dates for Buyer s Kit. 4 Purchase Agreement Within thirty (30) days of the Kit being certified through issuance of a supplemental type certificate or equivalent by Buyer s aircraft s respective regulating air authority (e.g. FAA, EASA, CASA), TAMARACK AEROSPACE will provide Buyer with a purchase and sales agreement (the Purchase Agreement ), which will govern the terms of the sale of the Kit to Buyer. Unless this Order Deposit Contract has been earlier cancelled in accordance with the terms hereof, within thirty (30) days thereafter, Buyer shall execute and return the Purchase Agreement. A Deposit may be made by personal check, but the remaining purchase price, after application of the Deposit, must be paid in certified funds at the execution of the Purchase Agreement. 5 Purchase Price The purchase price listed for the models as set forth below is for the fly away price including the Kit itself and installation. Model Variant CJ CJ1 CJ1+ M2 2015 Estimated Purchase Price (U.S.$)* Deposit Amount (U.S.$) *This price is in lieu of any other previous discounts or offers and does not include any applicable sales tax.

6 Cancellation and Termination (a) TAMARACK AEROSPACE has the right to cancel an order and terminate this Order Deposit Contract for any reason at any time. To exercise such cancellation right, TAMARACK AEROSPACE must give notice thereof to Buyer, which shall be sent to Buyer s address set forth above by TAMARACK AEROSPACE depositing it in U.S. certified mail or with a reputable courier, in which case the Deposit will be refunded to Buyer. (b) TAMARACK AEROSPACE has the right to cancel an order and terminate this Order Deposit Contract for cause if Buyer fails to timely execute the Purchase Agreement and pay the remaining purchase price in accordance with Section 6 or is involved in bankruptcy, insolvency reorganization or similar proceedings. To exercise such cancellation right, TAMARACK AEROSPACE must give notice thereof to Buyer, which shall be sent to Buyer s address set forth above by TAMARACK AEROSPACE depositing it in U.S. certified mail or with a reputable courier, in which case the Deposit will be retained by TAMARACK AEROSPACE. 7 Governing Law; Dispute Resolution This Order Deposit Contract shall be deemed to have been made in the State of Washington and shall be construed, and the rights and liabilities determined, in accordance with the law of the State of Washington, without regard to the conflicts of laws rules of such jurisdiction. Any controversy or claim relating to or arising from this Order Deposit Contract (an "Arbitrable Dispute") shall be settled by arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (the "AAA") as such rules may be modified herein or as otherwise agreed by the parties in controversy. The forum for arbitration shall be Spokane County, Washington. Following thirty (30) days notice by any party of intention to invoke arbitration, any Arbitrable Dispute arising under this Order Deposit Contract and not mutually resolved within such thirty (30) day period shall be determined by a single arbitrator upon which the parties agree. 8 Modifications This Order Deposit Contract may be amended or modified, and any of the terms may be waived, only by a written instrument executed by the parties, or in the case of a waiver, by the party waiving compliance. Any waiver by any party of any condition or breach shall not be deemed to be a further continuing waiver of any such condition or breach, or of the breach of any other provision of this Order Deposit Contract. This Order Deposit

Contract shall be binding upon and inure to the benefit of the parties successors, executors, heirs and permitted assigns.

9 Selected Kit and Option Buyer hereby selects the following Kit and Option: Model Designation Aircraft Serial Number Year of Manufacture CJ CJ1 CJ1+ M2 Submitted By: Buyer: By:_ Name: Title: Date: Accepted: Tamarack Aerospace Group, Inc. By:_ Name: Title: Date: