AGREEMENT 

### BY EVERGREEN, AND DOT 

### FOR ATNEP

-- COMPENSATION 

### FOR AIR TRANSPORATION AT DIOMEDE, ALASKA, PURSUANT TO ORDER**2013~6-11.** -, 

### I. BACKGROUND AND PURPOSE This agreement is entered into by and among the U.S. Depa11ment ofTransportation (DOT), Evergreen Helicopters, Inc., 

### a wholly-owned subsidiary ofErickson Crane, Incorporated (Evergreen), and Kawerak, Inc. (Kawerak), and each is hereinafterrefcm.:d to individually as the "Party" and collectively 

### as the "Parties" for theprovisionbyEvergreen ofAir Transportation to Noneligible Places (ATNEP) at Diomede, Alaska (Diomede), pursuant to 49 U.S.C. 

### § 41736. This agreement also sets forth the tenns and conditions ofpayment to Evergreen ofnot more than $377,520 to provide such ATNEP. Under 49 U.S.C. 

### § 41736(a)(l)(B), one-halfofthe subsidy of$377,520 Evert,>Teen will be eligibleto receive must be paid by Kawerak and the remaining one-halfshall be paid by DOT. 

### II. PARTIES' ROLES AND RESPONSIBILITIES A. EVERGREEN: Evergreen will provide ATNEP at Diomede from June 30,2014,based on the level ofservice described in Order 

### • l, 2013, through 

### 11 and will provide monthly claims for to DOT after commencing ATNEP at Diomede. 

### B. DOT: Afterreviewing Evergreen's monthly claim for accuracy and confonmmce with Order**2013~6-11,** DOT 

### will notify Kawerak ofits obligation 

### to 50 percent of ATNEP compensation 

### to Evergreen. The total amount to be

### paid by DOT from 

### 1, 2013, through June 30, 2014, shall not exceed $188.760. After Kawerak provides to DOT that it has paid the monthly compensation due to Evergreen, DOT will equal share. C. KAWERAK: Kawerak 

### will pay 50 percent ofEvergreen's monthly claim for providing ATNEP at Diomede to Evergreen after receiving notice from DOT 

### that service has been provided. The total amount to bepaid by Kawerak from July 1, 2013, through June 30,201 shall not exceed $188,760. LEGAL AUTHORITY This contract is entered into pursuant to U.S.C. 

### § 41736 (air transportation to places).

Pagel of7

### IV. FLIGHT RATES A. Evergreen shall provide ATNEP services in accordance with the terms and conditions set forth in DOT Order 2013-6-11 and this Agreement B. The Parties understand that Evergreen intends 

### to stage aircraft 

### at Nome for 

### its eligible flights to Diomede. C. Evergreen 

### shall request reimbursement 

### for ATNEP services 

### as specified by Order 

### 2013-6-ll, Appendix 

### B.
V. 

### TERMS AND CONDITIONS A. Evergreen shall provide ATNEP at Diomede from July L 2013, through June 30, 201 based on the level ofservice indicated in Order2013-6-11 in exchangefor total compensation ofnot more than S377,520. B. Evergreen understands and agrees that 50 percent ofthe total compensatiori' 

### it will receive for providingATNEP at Diomedefi·om July 1, 2013, through June 30, 2014, will be paid by Kawerak and the remaining 50 percent will be paidby DOT, pursuant to 49 U.S.C. 

### § 41736(a)( 1 )(B). After commencing ATNEP 

### at Diomede 

### on July 

### 1, 

### 3, Evergreen shall file 

### a monthly with DOT indicatingthe level ofservice it had provided the p1ior month. 

### D. Upon receipt of

### each monthly claim from Evergreen, DOT shall review the claim to ensure accuracy and conformity with this Agreement and Order 2013-6-11. Approval of eachmonthly claim from Evergreen shall not be unreasonably withheld. DOT will promptly notify Evergreen with 

### any questions regarding Evergreen's monthly claims, and Evergreen shall have the option to 

### wsubmit a monthly claim ifDOT requests changes that require resubmission. 

### E. Afterreviewing Evergreen's monthly claim, DOT 

### shall notify Kawerak that it is obligated to pay 50 percent ofEvergreen's monthly claim. F. Upon receiving notice from DOT, Kawerak shall pay 50 percent ofEvergreen's monthly claim. G. Upon payment of50 percent ofEvergreen's monthly claim, Kawerak shall provide proof to DOT that Kawerak has paid Evergreen 

### its share 

### ofEvergreen's monthly claim. H. Once DOT receives proofofpayment by Kawerak to Evergreen of50 percent of Evergreen's monthly claim, DOT shall then pay the remaining 50 percent ofthe monthly claim to Evergreen within fifteen ( 15) calendar days. I. DOT agrees to continue to pay its 50 percent share ofEvergreen's monthly claims as long as Evergreen maintains the established level ofATNEP and Kawerak continues to pay its 50 percent share. The Secretary ofTransportation may also make appropriate adjustments in the level ofATNEP provided at Diomede per 49 U.S.C. 

# * 41736(e). 

### J. The Parties understand and agree that the compensation to bepaid 

### by DOT to Evergreen for ATNEP at Diomede is calculated and distributed on DOT's fiscal year basis, subject 

### to the availability of

### funds. The parties further understand and agree 

### that compensation**Pag~.;** 

### 2 of7

### L.

M.

A. 

### a

f'f\tlnt-<,fi Evergreen shall with entire 

### itprovided at Diomedethat**"""' "'~'-'**  provided under this 

### the provided parties understand payment 

### DOT's PROVISIONS

a. DOT:

Jersey 

### A venue, Room W86-308 Washington, 

### D.C. 20590 (202) 366-1061
Forb11ling: John DiLuccio 

### Director ofResource 1200 New Jersey SE W86-302 Washin&rton, 

### DC 20590 (202) 366-5631 

### John.DiLucdo@dot.gov



### 3 with 

### State

fundingb. Evergreen:



### c. Rizzuti, Vice President, & Corporate Secretary Erickson Air-Crane T"""'.,.,'"''"''t"'" 

### SW Macadam OR97239

505-5821 473-8540

Manager 

### Director of Evergreen Helicopters Anchorage, Alaska 1936 Merrill Field Drive 

### Anchorage, 9950I 907:-257-J 907-748-5629 tpena@evergreenak.com 

### For Payment: Accounts Payable Evergreen Helicopters, 

### Inc., Attention: April Hla 

### Khaing Phone: 503-583-7874

For

### Grant Management Issues: 

### Pearl Mikulski Director

pmikulski@.kawerak.org For 

### Accounting Issues: Page4 

### •

### Kawerak, lnc. 

### P.O. Box 948 AK 99762
Wherepossible, disputes will resolved by

### infom1al discussion

the event the Pa1ties 

### are unable to resolve 

### any disagreement

.....,.vu..,, 

### the dispute 

### will resolved 

### pursuant to contract 

### shall be governed 

### by Federal law.

E This Agreement not create prc>ceauJral, 

### ""'·'"""''"""'-''"by law or 

### equity, bypersons their officers or employees, or F. Severability: in contract or 

### any modification thereto shall be construed 

### fashion that 

### conflicts with 

### law, directive. Nothing in 

### this contract is 

### uu1:=nctoo to conflictwith current law or DOT. 

### lfa term of this contract is with such authority, then that tenu
''"'"" 1 ''"'T"' 

### ofthis contract shall remain in full**~v,,:.rorrP•'n** 

### shall retain all 

### books, records, and other Qnllri"P 

### summary support claims 

### forpayment, and documentation in a mannerthat readilypermits and 

### by representatives ofthe Department. documentation shall beretained for seven 

### years from the date 

### ofthis Agreement, oruntil the Department indicates that the records maybe destroyed, 

### whichever comes first. 

### Copies of

### flight sold or disposed 

### ofmust be carrier

### mayforfeit its 

### coJ11pemmtllOI1 is not supported under the terms this Agreement. Inaddition, Evergreen retain ofall ofits air service at Diomede -asrequired 

### bythis Agreement its -as 

### well"as any charter orother service not so required. H. f!,.KJ2iration: signature ofall Parties, this contract 

### will remain in effect
I. July 1, 2013, through 30,2014.

a. Eveq,,rreen 

### the Secretary Public Facilities; Ul<)m!eae 

### provided 

### that it gives ofTransportation and suspending, orreducing the transportation, pursuant to 49 The 

### Secretary ofTransportation to receive compensation withdraw designation ofDiomede as pursuant to 49 U.S.C. 

### § 41736(f)has received ATNEP for 

### at least two years and the Secretary decides the withdrawal would be in the public interest.

c. Kawerak may tenninate its continued pmiicipation in ATNEP and this contract upon the occunence ofeither a. or b. ofthis Section VI. L, or due to a lack of availability offunds, provided that it gives the Secretary ofTransportation. the Alaska Department ofTranspmiation and Public Facilities, and Evergreen 

### at least 30 days' notice often11ination. Upon providing notice oftermination, Kawerak shall pay Evergreen for any remaining monthly claims confinned by DOT through the process described in Section V, D.-F., for services perfon11ed prior to the date ofthe notice ofteqnination. J. Anti-Deficiency: No provision ofthis contract shall be interpreted to require obligation orpayment offunds in violation ofthe i\nti-Deficiency Act, 31 U.S.C. 

### § 1341, as amended. This contract is subject to the availability offunds. 

### • K. Incorporation bv Reference: This Agreement expressly incorporates DOT Order 20I 11, including its Appendices. Order 20**13-6~** 11 is hereby incorporated and made a part ofthis Agreement. L. Modification: This Agreement may be modified in writing (i) by mutual written consent 

### ofa11 Patties. or (ii) by DOT ifDOT determines that modification would be the public interest. M. Entire Agreement: This A!:,rrccment represents the entire agreement ofthe Parties and replaces anyprevious oral or written agreement by andbetween the Parties. Otherthan set forth herein. no otherpromises or representations by any ofiicer. representative, or employee ofany Party shall have any legal torce or effect. N. Execution: The Parties agree that multiple originals ofthis Agreement maybe executed and that copies ofsignatures shall be treatedas an original. I



### Page 6 of7

### Approvals: For DOT:



### ----------···--·-·-------- Robert A. Letteney, Date Deputy Assistant Secretary for Aviation and International Affairs 

### For Evergreen Helicopters, 

### Inc.:

Edward 

### T. Vice President, General Counsel


### Kawerak:

Melanie Bahnke, President, Kawerak, Inc.



### 7 7 •

DateApprovals: 

### For DOT:

# Wu!.y:~ Deputy Assistant 

### Secretary for 

### Aviation and 

### International Affairs ,4 For

## Ever~r{e~ Helicopters, Inc.: 

# /'J jl,,//,-J

# ~ / ,, II// 0'.1 • ,.. 

### , . / 

### 'izz Vice Pre.· ent, General Counsel


### For Kawerak:



### Melanie Bahnke, President, Kawerak, 

### Inc. Date

Date



# kJ**e-lre-~ 5e~**  

# f.v-e**c~J--j 'f'~e** **'Sf~-~ s:4~~\-~-'{**  g.f

# ~q_~(?""~k (

# rtz fG>{U-;(0

Page 7 of7 

### •