Delta Airlines 2010 Annual Report Download - page 118

"Airline Activities" means the carriage by aircraft of passengers for hire, the carriage of baggage, cargo and mail in connection therewith and all other
lawful business activities incidental thereto or associated therewith.
"Airport" is defined in the Port/IAT Lease.
"Airport Security Program" is defined in Section 11.01.
"Annual Period" means each period commencing on December 1 of any calendar year and ending on November 30 of the immediately succeeding
calendar year, from and including the Effective Date to and including the earlier to occur of the Expiration Date or the Termination Date of this Agreement,
except that the first Annual Period shall be the period from and including the Effective Date to and including the immediately following November 30 and the
last Annual Period shall be the period from and including December 1 of the calendar year immediately preceding the date on which the Expiration Date or
the Termination Date (as applicable) occurs to and including the Expiration Date or the Termination Date (as applicable).
"AOA" means the air operation areas as defined in 49 C.F.R. § 1542.203 now or hereafter located on the Airport.
"Approved Contractor" means any third party contractor that possesses the required permits from the Port Authority to perform the services for which
it is retained selected as follows: (i) in respect of the Phase I IAT Project, Phase II or Phase III, as approved by IAT and Delta from time to time for the
purpose of providing construction work, labor, materials or services in or on Terminal 4, including any Construction Contractor, (ii) in respect of other work,
labor, materials or services in or on Terminal 4, as selected by the contracting party who has responsibility for such work, labor, materials or services pursuant
to this Agreement, the Port/IAT Lease, any other Transaction Document or as otherwise agreed to in writing by IAT and Delta, and (iii) in respect to Handling
Services as selected by IAT.
"Assumed Environmental Damages" means:
(a) Damages relating to the following events occurring or conditions originating subsequent to the Delta Space Permit Effective Date and prior to the
end of the Term (i) the presence on, about or under the Delta Space of any Hazardous Substance, and/or (ii) the Release or threatened Release of any
Hazardous Substance from the Delta Space, and/or (iii) the presence of any Hazardous Substance on, about or under Terminal 4 or other property at the
Airport as a result of any Delta Representative's use and occupancy of Terminal 4, the migration of a Hazardous Substance from the Delta Space, or any other
activities conducted or work performed by or on behalf of Delta at Terminal 4, and/or (iv) any personal injury, including wrongful death, or property damage
(including natural resource damage), arising out of or related to any Hazardous Substance described in (i), (ii), or (iii) above, and/or (v) the violation of any
Environmental Requirement at the Delta Space, except for (A) the portion of such Damages resulting from any act or omission of IAT or its Affiliates or
Sublessees, or any of their respective officers, directors, employees, agents, invitees and contractors at any time (in all cases other than the Delta
Representatives), (B) the portion of such Damages resulting from the sole gross negligence or willful misconduct of the Port Authority or (C) in the case of
Damages
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