National Aeronautics and

Space Administration 

John F. Kennedy Space Center 

Kennedy Space Center, FL 32899 

FULLY REIMBURSABLE SPACE ACT AGREEMENT 

BETWEEN 

NASA JOHN F. KENNEDY SPACE CENTER 

AND 

STARFIGHTERS, INC.

FOR 

RECURRING USE OF THE SHUTTLE LANDING FACILITY AND TENANCY AT KENNEDY SPACE CENTER 

 KCA-4244
National Aeronautics and

Space Administration 

John F. Kennedy Space Center 

Kennedy Space Center, FL 32899 

 October, 20th 2009 

NASA KSC / STARFIGHTERS, INC. - SPACE ACT AGREEMENT (KCA - 4244) 

ARTICLE 1 - AUTHORITY AND PARTIES

In accordance with The National Aeronautics and Space Act of 1958, as amended(42 U.S.C. 2473 (c)), this Agreement is 

entered into by the NASA John F. Kennedy Space Center located at Kennedy Space Center, FL 32899 (hereinafter 

referred to as "NASA KSC," "KSC," or "NASA") and Starfighters, Inc. located at 1608 N. Jasmine Avenue, Tarpon 

Springs, FL 34689, (hereinafter referred to as "Starfighters" or "PARTNER"). NASA and Partner may be individually 

referred to as a "Party" and collectively referred to as the "Parties." 

 

ARTICLE 2 - PURPOSE

The purpose of this agreement is to facilitate the recurring use of the Shuttle Landing Facility (SLF) by Starfighters for 

commercial operation of its fleet of F-104 & T-38 high performance jet aircraft. This agreement also authorizes 

Starfighters to become a tenant organization of John F, Kennedy Space Center and specifies permitted activities, 

operational constraints, and required safety procedures and documentation. The Parties further agree that the primary 

purpose of granting Starfighters a right to use the SLF and occupy facilities on KSC as a tenant organization is to further 

their shared interest in supporting test, development, and training activities associated with the emerging commercial 

space launch industry, and to otherwise advance aerospace and space-related technology consistent with NASA's 

mission. NASA-KSC's commitment to permit Starfighters use of the SLF and its associated support facilities, and to 

provide required services, is conditioned on the following: (1) NASA-KSC determines that the required support facilities, 

including but not limited to the SLF and the Reusable Launch Vehicle (RLV) Flight Vehicle Facility (J6-2466), have 

sufficient available capacity to accommodate the permitted uses (2) Starfighters operations and activities do not interfere 

with or pose undue risk to NASA-KSC or NASA programs, or any Federal activities at the Eastern Test Range (3) 

Starfighters flight activities requiring use of the SLF and KSC airspace are conducted only during daylight hours and at 

times when the SLF Control Tower is staffed with controllers. 
ARTICLE 3 - RESPONSIBILITIES

Partner will use reasonable efforts to: 

1. Perform permitted flight activities in compliance with NASA-KSC established safety, security, and operational 

procedures, and pursuant to applicable Federal Aviation Authority (FAA) regulations and procedures. Starfighters must 

conduct their operations in accordance with KSC safety requirements, KNPR 8715.3. Starfighters shall also comply with 

applicable Occupational Safety and Health Administration standards and regulations. 

2. Conduct flight operations only during SLF normal operating hours, or as otherwise pre-arranged and facilitated 

pursuant to this agreement, and in conformance with flight activity plans pre-coordinated and approved by NASA-KSC 

Flight Operations, and air space management authorities. 

3. Conduct commercial flight operations from the SLF solely for the following purposes: flight testing and research for 

domestic government, industry, or academic institutions; flight testing and research for foreign entities subject to prior 

NASA approval; suborbital spaceflight training for pilots and prospective spaceflight participants through recognized, FAAauthorized training programs; pilot proficiency flights; path-finding flights to test equipment, procedures, and safety 

systems in development for spaceflight vehicles; media flights, subject to prior NASA approval, in support of films, 

television documentaries, and photo chase operations. Other flight operations may be permitted through prior written 

authorization by NASA-KSC, at its sole discretion, provided that Starfighters use of the SLF to support flights to and from 

air show demonstration events and other similar purposes, shall comprise no more than 10 percent of all flight operations 

conducted annually under this agreement. 

4. Starfighters shall provide NASA-KSC Flight Operations with an Aircraft Maintenance and Operations Plan, and access 

to inspection of any aircraft maintenance and modification records as may be requested to support periodic air worthiness 

reviews. Starfighters shall have a documented Foreign Object Debris (FOD) control program and a documented tool 

control program (both included as elements of the Plan, in accordance with KNPR 8730.2, Quality Assurance Procedural 

Requirements. 

5. Starfighters acknowledges the SLF is surrounded by a wildlife refuge populated by many bird species and other 

animals which may be present on or near the SLF regardless of NASA-KSC wildlife hazard mitigation methods. 

6. Starfighters pilots and ground support personnel shall participate in KSC training programs as may be specified by 

NASA-KSC Flight Operations to ensure awareness of SLF and general KSC hazards and safety procedures. 

7. Starfighters shall sustain a minimum average flight frequency of 2 flights per week, with a target of no less than 100 

flights per year, from the SLF. 

8. Starfighters shall be responsible for requesting and purchasing commercial aviation fuel through arrangements 

facilitated or approved by NASA-KSC. If pursuant to an agreement between NASA-KSC and the Titusville-Cocoa Airport 

Authority, or any other entity, commercial aviation fuel is regularly and reliably available on site at the SLF, then

Starfighters shall arrange to purchase fuel through that provider. If such an on-site mechanism is not available, then 

Starfighters may arrange for delivery and use of aviation fuel solely for its own aircraft and purposes. Starfighters may not 

in any manner furnish commercial aviation fuel to any other SLF user. Any vendor used by Starfighters to deliver fuel, as 

well as any portable storage tanks and their location, must be approved in advance by NASA-KSC Flight Operations.

9. Any personnel which are not Starfighters flight or support crew which will participate in research, test, training, or 

approved media flights, shall be properly badged and escorted as required by NASA-KSC security procedures, and shall 

be subject to additional pre-flight screening procedures as may be required by NASA-KSC. 

10. Starfighters shall not alter any facility at KSC, or install improvements, without first obtaining the written approval of 

NASA-KSC. Not less than 60 days from the expiration date of this Agreement, or upon notification of termination by either 

party to the other, NASA and Starfighters shall jointly review all improvements made by Starfighters to any facility at KSC. 

At NASA’s sole discretion, such improvements shall be removed by Starfighters and the property restored to the condition 

it was in at the time this Agreement commenced, or, Starfighters shall relinquish any and all interest in such improvements 

and NASA shall disposition the improvements as it deems to be in the best interest of the government. 
NASA KSC will use reasonable efforts to:

1. Provide access to and use of the SLF and associated support facilities in accordance with security and safety operating 

procedures and policies specified by NASA-KSC. 

2. Provide Government-furnished goods and services required to support and facilitate Starfighters flight activities from 

the SLF. 

3. Provide during normal established operating hours for SLF operations, SLF tower control, coordination with air space 

management authorities, and onsite fire and crash rescue capability. Starfighters shall not conduct flight operations on 

the SLF during any period which the SLF is closed unless Starfighters reimburses NASA-KSC in advance the full costs of 

operating the SLF for Starfighters' sole benefit. SLF operating hours are established by NASA and are subject to change. 

4. Permit Starfighters to occupy the J6-2466 hangar as a tenant organization pursuant to a separate agreement with 

Space Florida, subject to NASA consent to the terms and conditions of that use agreement. Starfighters use of J6-2466 

hangar capacity shall be not greater than 15,000 square feet (gross, including common area) of the hangar's 50,000 

square feet of total floor space. NASA-KSC reserves the right to reduce the amount of J6-2466 hangar space Starfighters 

is permitted to occupy to 10,000 square feet if, in NASA-KSC, in its sole discretion, determines that a higher priority use 

requires such a reduction. Such a reduction may be either temporary or permanent, as NASA determines to be 

necessary. 

5. Permit Starfighters to use, occupy, and secure a single private office in the Flight Vehicle Support building (J6-2465) for 

records and critical flight crew equipment, and for other purposes incidental to its permitted activities at KSC. The office to 

be occupied is designated room 1108 and consists of 222 square feet. Starfighters will be responsible for arranging 

commercial telephone and IT services if required and shall not have access to government telephone or computer 

networks. 

6. Enable the provision and delivery of commercial support services by third parties as required to enable Starfighters 

flight and maintenance activities at the SLF and RLV Hangar. 

7. Permit Starfighters to stage and store aircraft and required support equipment at the SLF, its associated ramp areas, 

and the RLV hangar and, in the Government's sole discretion, permit Starfighter's ground crew to use Government 

equipment that may be available at the SLF (e.g. forklift or other handling/support equipment). 

8. Perform required security investigations as necessary to enable access for Starfighters permanent employees and 

contractors requiring more than 180 days of access to KSC controlled areas during this agreement. 

9. Provide safety and operational oversight of Starfighters commercial aircraft operations at KSC in accordance with risk 

and safety review procedures established by NASA-KSC Flight Operations, including but not limited to NPD/NPR 7900 

procedures as applicable. For any missions flown in support of NASA, the aircraft shall be operated as a "public aircraft" 

in accordance with agency policy and procedural documentation.
ARTICLE 4 - SCHEDULE AND MILESTONES

The planned major milestones for the activities defined in the "Responsibilities" clause are as follows:

Initial safety and risk review Prior to flight operations 

Aircraft Maintenance and Operations Plan submit Prior to flight operations 

SLF and KSC area training Within 14 days of agreement execution 

Flight operations for permitted activities As NASA approved and scheduled 

NASA annual safety and risk review Within 30 days of agreement anniversary 

ARTICLE 5 - FINANCIAL OBLIGATIONS

1. Partner agrees to reimburse NASA for NASA to carry out its responsibilities under this Agreement. In no event will 

NASA transfer any U.S. Government funds to Partner under this Agreement. Payment must be made by Partner in 

advance of initiation of NASA's efforts. Starfighters agrees to pay NASA-KSC $20,000 (twenty thousand dollars) upon 

execution of this agreement as an initial deposit to reimburse NASA-KSC costs and to provide additional funds as 

required at the beginning of each month to replenish the account balance to $20,000, and, if necessary to prevent 

incurring costs in excess of funds on deposit, make additional payments in advance in accordance with the following: 

Fixed Price Schedule: 

General Airfield Services Support $ 1,000 per month plus CMO rate 

(includes transient SLF apron parking, use of common airfield areas and government equipment in accordance with 

Article 24, and general airfield services ) 

Airfield Services, per flight $ 350 per flight plus CMO rate 

(includes airfield services provided for each flight ) 

Use of outside support areas $153.13 per month plus CMO rate 

(Designated 1050 square foot area for mobile fuel tanker, and transient use of J6-2466 apron for fueling operations) 

Estimated Price for Other Anticipated Costs: 

Annual NASA safety and risk review Actual costs, if any,plus CMO rate 

Other goods and services furnished by government Actual costs, if any, plus CMO rate 

The following costs shall be applicable if J6-2466 real property is transferred to NASA-KSC by Space Florida and will be 

reflected in a revised estimated price to be furnished to Starfighters at such time as the property transfer to NASA is 

effective: 

Use of up to 15,000 square feet of J6-2466 $ 7,500 per month plus CMO rate 

(In the event NASA permanently reduces maximum allowed space to 10,000 square feet, rate will be adjusted to a fixed 

$5,000 per month plus CMO rate) 

One thirdshare of utilities servicing J6-2466 based on actual energy and water used 

Advance payments shall be scheduled to ensure that funds are resident with NASA before Federal obligations are 

incurred in support of this Agreement. 
2. Payment shall be payable to the National Aeronautics and Space Administration by check and sent to: 

NASA Shared Service Center (NSSC)-FMD Accounts Receivable 

Attn: For the Accounts of Kennedy Space Center 

 Bldg. 1111, C Road 

 Stennis Space Center, MS 39529 

Or Pay.Gov at www.nssc.nasa.gov/customer service 

3. NASA will not provide services or incur costs beyond the available funding amount provided by Starfighters. Although 

NASA will make a good faith effort to accurately estimate any costs not definitized in this agreement, it is understood that 

NASA provides no assurance that any effort not definitized under this Agreement will be accomplished for the above 

estimated amount. Should the effort cost more than the estimate, Partner will be advised by NASA as soon as possible. 

Partner shall pay all costs incurred and have the option of canceling the remaining effort, or providing additional funding in 

order to continue the proposed effort under the revised estimate. Should this Agreement be terminated, or the effort 

completed at a cost less than the agreed-to estimated cost, NASA shall account for any unspent funds within One (1) year 

after completion of all effort under this Agreement, and promptly thereafter, return any unspent funds to Partner. 

4. Notwithstanding any other provision of this Agreement, all activities under or pursuant to this Agreement are subject to 

the availability of funds, and no provision of this Agreement shall be interpreted to require obligation or payment of funds 

in violation of the Anti-Deficiency Act, Title 31 U.S.C. § 1341.1. 

 

ARTICLE 6 - PRIORITY OF USE

Any schedule or milestone established pursuant to this Agreement is estimated based upon the Parties' current 

understanding of the projected availability of NASA personnel, facilities and equipment. In the event that NASA's 

projected availability changes, Partner shall be given reasonable notice of that change, so that the schedule and 

milestones may be adjusted accordingly. The Parties agree that NASA usage of the facilities, equipment, and personnel 

shall have priority over the usage planned in this Agreement. Should a conflict arise, NASA in its sole discretion shall 

determine whether to exercise that priority. Likewise, should a conflict arise as between two commercial users, NASA, in 

its sole discretion, shall determine the priority as between the two users. This Agreement does not obligate NASA to seek 

alternative government property or services under the jurisdiction of NASA at other locations. 

 

ARTICLE 7 - NON-EXCLUSIVITY

This Agreement is not exclusive; accordingly, NASA may enter into similar Agreements for the same or similar purpose 

with other U.S. private or public entities. 

 
ARTICLE 8 - LIABILITY AND RISK OF LOSS

1. Partner hereby waives any claims against NASA, its employees, its related entities, (including, but not limited to, 

contractors and subcontractors at any tier, grantees, investigators, customers, users, and their contractors and 

subcontractors, at any tier) and employees of NASA's related entities for any injury to, or death of, Partner employees or 

the employees of Partner's related entities, or for damage to, or loss of, Partner's property or the property of its related 

entities arising from or related to activities conducted under this Agreement, whether such injury, death, damage, or loss 

arises through negligence or otherwise, except in the case of willful misconduct. 2. Partner further agrees to extend this 

unilateral waiver to its related entities by requiring them, by contract or otherwise, to waive all claims against NASA, its 

related entities, and employees of NASA and employees of NASA's related entities for injury, death, damage, or loss 

arising from or related to activities conducted under this Agreement. Insurance for Third Party Claims: 1. For purposes of 

this article, the following definitions shall be applicable: (a) “Liability” shall include payments made pursuant to United 

States’ treaty or other international obligations, any judgment by a court of competent jurisdiction, administrative and 

litigation costs, and settlement payments. (b) “Damage” shall mean bodily injury to, or other impairment of health of, or 

death of any person; damage to, loss of, or loss of use of any property; soil, sediment, surface water, ground water, or 

other environmental contamination or damage; loss of revenue or profits; other direct damages; or any indirect, or 

consequential damage arising therefrom. 2. Liability and Damage: (a) Partner shall, at no cost to NASA, maintain 

insurance protecting the U.S. Government and U.S. Government contractors and subcontractors, at any tier, from any 

Liability as a result of any activities conducted under this Agreement, including launch and associated activities, resulting 

in Damage to: (i) Partner’s employees or agents; and (ii) Third parties, including U.S. Government employees, and U.S. 

Government contractor and subcontractor employees. (b) Insurance required under subparagraph 2.(a)(i) above may be 

satisfied through a liability insurance policy or policies under subparagraph 2.(a)(ii) above. Notwithstanding any other 

requirement for notice in this Agreement, upon obtaining the insurance required under subparagraph 2.(a), or upon 

obtaining any modification or amendment thereof, Partner shall personally deliver, or send by registered or certified mail, 

postage prepaid, two copies of such insurance policy, or such modification or amendment, to NASA at the following 

address, or at such address as NASA may from time to time designate in writing: National Aeronautics and Space 

Administration Office of the Chief Counsel Mail Code: CC-A John F. Kennedy Space Center National Aeronautics and 

Space Administration Kennedy Space Center, FL 32899 (c) Partner shall maintain insurance with terms and conditions as 

are currently available in the market for reasonable insurance premiums, taking into account renewals, but shall not be 

obligated to provide insurance limits in excess of $500,000,000 coverage. Partner shall provide to NASA certificates of 

insurance, and associated policies, evidencing the insurance required thereunder within a reasonable time before Partner 

begins to use Government property or Government services. Unless Partner provides evidence that such a condition in an 

insurance policy is not available at a reasonable premium, the insurance policy shall provide for the right of the U.S. 

Government to settle reasonably a claim after consultation with Partner and its underwriters. (d) Partner’s insurance 

obtained pursuant to subparagraph 2.a. shall not be the exclusive recourse of the United States in the event Liability 

exceeds the amount of coverage. The United States reserves the right to bring an action against any responsible party for 

Liability incurred by the United States under domestic or international law. (e) Each Party agrees to cooperate with the 

other in obtaining any information, data, reports, contracts, and similar materials in connection with the presentation or 

defense of any claim by either Party under any policy of insurance purchased to meet the requirements of this article. If 

the U.S. Government takes control of the defense of its interests, which would otherwise have been within Partner’s 

responsibility as established in this article without the concurrence of Partner, Partner shall be released from any liability 

to the U.S. Government on account of the claim. [Note: An agreement to support commercial launch activity, including 

launches licensed under the Commercial Space Launch Act (49 U.S.C. § 70101 et seq.), should also note that to the 

extent that the Department of Transportation (DOT) issues a license for certain activities with liability provisions different 

than those contained in the NASA Agreement, DOT’s license takes precedence for those activities.] Insurance for 

Damage to NASA Property: 1. Partner shall, at no cost to NASA, maintain throughout the terms of the Agreement, 

insurance to cover the loss of or Damage to U.S. Government property as a result of any activities conducted under this 

Agreement. The policy must cover the cost of replacing (at fair market value, as reasonably determined by NASA) or 

repairing any U.S. Government property (real or personal) Damaged as a result of any performance of this Agreement, 

including performance by the U.S. Government or its contractors or subcontractors, at any tier. "Damage" shall mean 

damage to, loss of, or loss of use of any property; soil, sediment, surface water, ground water, or other environmental 

contamination or damage; loss of revenue or profits; other direct damages; or any indirect, or consequential damage 

arising there from. 2. The insurance required under this subparagraph shall provide coverage in an amount acceptable to 

NASA. All terms and conditions in the policy shall be acceptable to NASA, and shall require 30 days notice to NASA of 

any cancellation or change affecting coverage. 
The policy shall cover all risks of loss except that it may exclude damage caused by the U.S. Government's willful 

misconduct. The insurance policy shall provide that the insurer waives its right as a subrogee against U.S. Government 

contractors, subcontractors, or related entities for damage. 3. Upon obtaining the insurance required under this 

paragraph, or upon obtaining any modification or amendment thereof, Partner shall personally deliver, or send by 

registered or certified mail, postage prepaid, two copies of such insurance policy, or such modification or amendment, to 

NASA at the following address, or at such address as NASA may, from time to time, designate in writing: National 

Aeronautics and Space Administration Office of the Chief Counsel Mail Code: CC-A John F. Kennedy Space Center 

National Aeronautics and Space Administration Kennedy Space Center, FL 32899 4. An insurance policy whose terms 

and conditions are reviewed and approved by NASA, or an agreement on an alternative method of protection, is a 

condition precedent to Partner's access to or use of U.S. Government property or U.S. Government services under this 

Agreement. 5. In the event Partner is unable to obtain insurance coverage required by subparagraph 1. above, the Parties 

agree to consider, subject to review, approval and agreement by NASA, alternative methods of protecting U.S. 

Government property (e.g., by acceptable self-insurance or purchase of an appropriate bond). 6. In the event U.S. 

Government property is damaged as a result of activities conducted under this agreement, Partner (whether as an insured 

loss payee or under an alternate protection method) shall be solely responsible for the repair and restoration of such 

property subject to NASA direction. Partner's liability for such repair and restoration shall not exceed the agreed insurance 

policy or other protection method limits. 

 

ARTICLE 9 - INTELLECTUAL PROPERTY RIGHTS - DATA RIGHTS

(not required for this agreement) 

 

ARTICLE 10 - USE OF NASA NAME, EMBLEMS AND RELEASE OF GENERAL INFORMATION TO THE PUBLIC

1. Partner agrees the words "National Aeronautics and Space Administration" and the letters "NASA" will not be used in 

connection with a product or service in a manner reasonably calculated to convey any impression that such product or 

service has the authorization, support, sponsorship, or endorsement of NASA, which does not, in fact, exist. In addition, 

with the exception of release of general information in accordance with paragraph 3 below, Partner agrees that any 

proposed public use of the NASA name or initials (including press releases resulting from activities conducted under this 

Agreement and all promotional and advertising use) shall be submitted by Partner in advance to the NASA Assistant 

Administrator for Public Affairs or designee ("NASA Public Affairs") for review and approval. Approval by NASA Public 

Affairs shall be based on applicable law and policy governing the use of the NASA name and initials. 

2. Use of NASA emblems/devices (i.e., NASA Seal, NASA Insignia, NASA logotype, NASA Program Identifiers, and the 

NASA Flag) are governed by 14 C.F.R. Part 1221. Partner agrees that any proposed use of such emblems/devices shall 

be submitted to NASA Public Affairs for review and approval in accordance with such regulations. 

3. NASA or Partner may, consistent with Federal law and this Agreement, release general information regarding its own 

participation in this Agreement as desired. The Parties agree to coordinate prior to its release any general information or 

media releases describing the Starfighters activities at John F. Kennedy Space Center. 

4. Partner shall not incorporate corporate signage upon or adjacent to the facilities it is permitted by this agreement to 

occupy at KSC without the prior written approval of NASA-KSC. 

 

ARTICLE 11 - DISCLAIMER OF WARRANTY

Equipment, facilities, technical information, and services provided by NASA under this Agreement are provided "as is." 

NASA makes no express or implied warranty as to the condition of such equipment, facilities, technical information, or 

services, or as to the condition of any research or information generated under this Agreement, or as to any products 

made or developed under or as a result of this Agreement including as a result of the use of information generated 

hereunder, or as to the merchantability or fitness for a particular purpose of such research, information, or resulting 

product, or that the equipment, facilities, technical information, or services provided will accomplish the intended results or 

are safe for any purpose including the intended purpose, or that any of the above will not interfere with privately owned 

rights of others. Neither the government nor its contractors shall be liable for special, consequential or incidental damages 

attributed to such equipment, facilities, technical information, or services provided under this Agreement or such research, 

information, or resulting products made or developed under or as a result of this Agreement. 

 
ARTICLE 12 - DISCLAIMER OF ENDORSEMENT

NASA does not endorse or sponsor any commercial product, service, or activity. NASA's participation in this Agreement or 

supply of equipment, facilities, technical information, or services under this Agreement does not constitute endorsement 

by NASA. Partner agrees that nothing in this Agreement will be construed to imply that NASA authorizes, supports, 

endorses, or sponsors any product or service of Partner resulting from activities conducted under this Agreement, 

regardless of the fact that such product or service may employ NASA-developed technology, operate from facilities at 

KSC, or have been reviewed by NASA for compliance with NASA safety requirements. 

 

ARTICLE 13 - COMPLIANCE WITH LAWS AND REGULATIONS

The Parties shall comply with all applicable laws and regulations including, but not limited to, safety, security, export 

control, and environmental laws and regulations. Access by Partner to a NASA facilities or property, or to a NASA 

Information Technology (IT) system or application, is contingent upon compliance with NASA security and safety policies 

and guidelines including, but not limited to, standards on badging, credentials, and facility and IT system/application 

access. With respect to any export control requirements: (a) The Parties will comply with all U.S. export control laws and 

regulations, including the International Traffic in Arms Regulations (ITAR), 22 CFR Parts 120 through 130, and the Export 

Administration Regulations (EAR), 15 CFR Parts 730 through 799, in performing work under this Agreement. In the 

absence of available license exemptions/exceptions, the Partner shall be responsible for obtaining the appropriate 

licenses or other approvals, if required, for exports of hardware, technical data and software, or for the provision of 

technical assistance. (b) The Partner shall be responsible for obtaining export licenses, if required, before utilizing foreign 

persons in the performance of work under this Agreement, including instances where the work is to be performed on-site 

at NASA and where the foreign person will have access to export-controlled technical data or software. (c) The Partner 

will be responsible for all regulatory record keeping requirements associated with the use of licenses and license 

exemptions or exceptions. (d) The Partner will be responsible for ensuring that the provisions of this Article apply to its 

Related Entities. 

 

ARTICLE 14 - TERM OF AGREEMENT

This Agreement becomes effective upon the date of the last signature below and shall remain in effect for 2 years from 

the date of the last signature, unless earlier terminated in accordance with Article 15. If Partner desires, and so advises 

NASA in writing prior to the expiration of the term, to extend the term for an additional 2 years, NASA may in its sole 

discretion agree in writing to such an extension of this Agreement, in which event the Agreement shall remain in effect 

until 4 years from the date of the last signature, unless earlier terminated in accordance with Article 15. 

 

ARTICLE 15 - RIGHT TO TERMINATE

1. NASA's commitment under this Agreement to make available government property and services required by Partner 

may be terminated by NASA, in whole or in part, (a) upon a declaration of war by the Congress of the United States, or (b) 

upon a declaration of a national emergency by the President of the United States, or (c) upon Partner's failure to make 

payments as set forth in the "Financial Obligations" clause, or (d) upon Partner's failure to meet its obligations under the 

Agreement, or (e) upon a NASA determination that Starfighters has failed to sustain a minimum average flight rate of two 

flights per week over any six month period after the initial startup period of six months from the date of Agreement 

execution (f) upon a NASA determination, in writing, that NASA is required to terminate such services for reasons beyond 

its control. For purposes of this article, reasons beyond NASA's control are reasons which make impractical or impossible 

NASA's or its contractors' or subcontractors' performance of this Agreement. Such reasons include, but are not limited to, 

acts of God or of the public enemy, acts of the U.S. Government other than NASA, in either its sovereign or contractual 

capacity (to include failure of Congress to appropriate sufficient funding), fires, floods, epidemics, quarantine restrictions, 

strikes, freight embargoes, or unusually severe weather. 

2. In addition to the foregoing, if NASA-KSC determines that it must discontinue the operation of the SLF Control Tower 

and/or other critical airfield support capabilities, then this Agreement shall terminate. 
3. In the event of termination for reasons given above, except for the conditions described in 1(c), 1(d), and 1(e), NASA 

will seek to provide reasonable advance notice and will seek to mitigate the effect of such termination, if possible, and will 

enter into discussions with Partner for that purpose. 

4. NASA shall not be liable for any costs, loss of profits, revenue, or other direct, indirect, or consequential damages 

incurred by Partner, its contractors, subcontractors, or customers as a result of the termination by NASA pursuant to 

paragraphs 1 and 2 of this section. 

 5. Partner shall have the right to terminate, in whole or in part, this Agreement at any time. In the event of such 

termination, Partner will be obligated to reimburse NASA for all Government costs which have been incurred up to the 

effective date of Partner's notice of termination and are incurred as a result of such termination. 

6. This article is not intended to limit or govern the right of NASA or Partner in accordance with law, to terminate its 

performance under this Agreement, in whole or in part, for Partner's or NASA's breach of a provision in this Agreement. 

 

ARTICLE 16 - CONTINUING OBLIGATIONS

The rights and obligations of the Parties that, by their nature, would continue beyond the expiration or termination of this 

Agreement, e.g., “Liability and Risk of Loss” and "Financial Obligations" shall survive such expiration or termination of this 

Agreement. 

 

ARTICLE 17 - MANAGEMENT POINTS OF CONTACTS

The following personnel are designated as the principal points of contact between the Parties in the performance of this 

Agreement. 

Management Points of Contact 

NASA John F. Kennedy Space Center

James E. Ball 

Center Development Manager 

Kennedy Space Center, FL 32899 

Phone: (321) 867 2998 

Email: James.E.Ball@NASA.gov

Starfighters, Inc.

Rick Svetkoff 

1608 N. Jasmine Avenue 

Tarpon Springs, FL 32899 

Phone: (727) 452 8817 

Email: Rick.Svetkoff@Starfighters.net

ARTICLE 18 - DISPUTE RESOLUTION

Except as otherwise provided in the article entitled “Priority of Use,” and those situations where a pre-existing statutory or 

regulatory system exists (e.g. under the Freedom of Information Act, 5 U.S.C. § 552), all disputes concerning questions of 

fact or law arising under this Agreement shall be referred by the claimant in writing to the appropriate person identified in 

this Agreement as the “Management Points of Contact.” The persons identified as the “Management Points of Contact” for 

NASA and the Partner will consult and attempt to resolve all issues arising from the implementation of this Agreement. If 

they are unable to come to agreement on any issue, the dispute will be referred to the signatories to this Agreement, or 

their designees, for joint resolution. If the Parties remain unable to resolve the dispute, then the NASA signatory or that 

person’s designee, as applicable will issue a written decision that will be the final agency decision for the purpose of 

judicial review. Nothing in this section limits or prevents either Party from pursuing any other right or remedy available by 

law upon the issuance of the final agency decision.
ARTICLE 19 - MISHAP INVESTIGATION

In the case of a mishap or mission failure, the Parties agree to provide assistance to each other in the conduct of any 

investigation. For all NASA mishaps, Partner agrees to comply with NPR 8621.1, "NASA Procedural Requirements for 

Mishap Reporting, Investigating, and Recordkeeping" and KNPR 8715.3. 

 

ARTICLE 20 - MODIFICATIONS

Any modification to this Agreement shall be executed, in writing, and signed by an authorized representative of NASA and 

the Partner. Any modification that creates an additional commitment of NASA resources must be signed by the original 

NASA signatory authority, or successor, or a higher level NASA official possessing original or delegated authority to make 

such a commitment. 

 

ARTICLE 21 - ASSIGNMENT

Neither this Agreement nor any interest arising under it will be assigned by the Partner or NASA without the express 

written consent of the officials executing this Agreement. 

 

ARTICLE 22 - APPLICABLE LAW

U.S. Federal law governs this Agreement for all purposes, including, but not limited to, determining the validity of the 

Agreement, the meaning of its provisions, and the rights, obligations and remedies of the Parties. 

 

ARTICLE 23 - INDEPENDENT RELATIONSHIP

This Agreement is not intended to constitute, create, give effect or otherwise recognize a joint venture, partnership, or 

formal business organization, or agency agreement of any kind, and the rights and obligations of the Parties shall be only 

those expressly set forth herein. 

 

ARTICLE 24 - LOAN OF GOVERNMENT PROPERTY

1. In order to further activities set forth in this Agreement, the Parties acknowledge that NASA shall lend the following 

Government property to Partner: Starfighters may, with NASA-KSC Flight Operations permission, use SLF ground support 

equipment on a non-interference basis with government need. Such equipment may include, but not be limited to, forklifts 

and other ground support equipment. 

2. The property listed above (hereinafter referred to as the “Property”) is not being provided to Partner as a substitute for 

the purchasing of the same type of property by Partner under any contract or grant that Partner has, or may have, with a 

third party. Furthermore, such Property is not excess to NASA’s requirements and its use is anticipated upon its return to 

NASA. 
3. In support of this loan the Partner shall: (a) Install, operate, and maintain the Property at Partner’s expense; (b) Furnish 

all utilities (e.g., water, electricity) and operating materials required for the operation of the Property; (c) Bear all costs 

associated with the use and enjoyment of the Property under the terms of this Agreement, including but not limited to such 

costs as packing, crating, shipping, installing, maintaining, licensing, and operating the Property; (d) Transport the 

Property in accordance with good commercial practice; (e) Acknowledge that the privilege of using and enjoying the said 

Property exists solely by virtue of this Agreement with NASA, the owner of said Property, and not as of right; (f) Identify, 

mark, and record all of the Property promptly upon receipt, and maintain such identity so long as it remains in the custody, 

possession, or control of Partner. (g) Maintain suitable records for each item of Property. As a minimum, such records 

shall show description, identification number, unit cost, quantity, dates of receipt, condition upon receipt, and location. 

Partner shall perform an inventory of the Property one (1) year from the effective date of this Agreement, and every year 

thereafter, if the Agreement is still in effect, and send such inventory report to NASA. The report shall include a statement 

validating any requirement to continue the loan. Further, Partner shall provide to NASA upon reasonable request, records 

sufficient to disclose the date of inspections, the deficiencies discovered as a result of inspections, and the maintenance 

actions performed. This annual report shall be submitted to the following NASA point of contact (POC): Acting Supply and 

Equipment Manager Officer TA-E1/David Banks John F. Kennedy Space Center National Aeronautics and Space 

Administration Kennedy Space Center, FL 32899 (h) Assume responsibility for loss or damage to the PROPERTY, 

reasonable wear and tear excepted and, with the same limitation for wear and tear, agrees to return the PROPERTY to 

NASA in as good condition as when received. It is understood that Partner is financially responsible for any damage to the 

PROPERTY while it is in the care, custody, and control of Partner, its employees, contractors, subcontractors, agents, or 

principal investigators. (i) Report any loss, damage, or destruction of PROPERTY to the NASA POC identified above 

within ten (10) working days from the date of the discovery thereof. 

 

ARTICLE 25 - SIGNATORY AUTHORITY

The signatories to this Agreement covenant and warrant that they have authority to execute this Agreement. By signing 

below, the undersigned agrees to the above terms and conditions.

BY: BY: 

 Robert D. Cabana Rick Svetkoff 

 Director President / Chief Pilot 

 John F. Kennedy Space Center 1608 N. Jasmine Avenue 

 Kennedy Space Center, FL 32899 Tarpon Springs, FL 32899 

 DATE: 10/20/2009 DATE: 10/20/2009