Delta Airlines 2010 Annual Report Download - page 119

arising out of or relating to the presence of Hazardous Substances on, about or under the Delta Space because of the migration of Hazardous Substance from
property other than the Delta Space, provided, however, that the exceptions in the foregoing items (A)-(C) do not apply to Delta's obligations set forth in
paragraph (b) immediately below, and provided, further, however, that nothing in this paragraph (a) is intended to limit the obligations of Delta to perform the
Remediation in connection with the Phase I IAT Project as described in paragraph (b) below; and
(b) all costs to Remediate, and all costs that may be required to satisfy Environmental Requirements to store, dispose, treat or transport any item or
material, including soil and water, containing Hazardous Substances (i) that is excavated at the Terminal 4 Site within the Excavation Boundary without any
monetary limit or cap, or (ii) that is excavated at the Terminal 4 Site outside of the Excavation Boundary provided that the costs thereof for which Delta shall
be responsible under this clause (ii) shall not exceed the Phase I IAT Project Environmental Cap, and in each case as needed to perform the construction of the
Phase I IAT Project in accordance with Environmental Requirements, or if more stringent, in accordance with the requirements of the Port/IAT Lease;
provided that, Remediation outside of the "Perimeter Dig Area" (as such area is described in the definition of "Excavation Boundary") shall only be
performed if required by a Governmental Authority as a result of the discovery of Hazardous Substances within the Perimeter Dig Area that extend outside of
the Perimeter Dig Area, unless performance of Remediation is required by the Port Authority in order for it to be in compliance with, in its judgement, the
Basic Lease, in which case the Remediation shall be undertaken and completed to attain such compliance to the satisfaction of the Port Authority. Delta and
IAT acknowledge that Delta shall pay Delta's Share of ATA Permitted Remediation Costs.
"ATA Airline Sublease" means a Sublease made by Delta to any Delta Affiliate Carrier, or IAT to any Contract Carrier, in each case in accordance
with the terms of the Port/IAT Lease, this Agreement and the Port Authority Consent to Sublease.
"ATA Airline Sublessee" means a sublessee, licensee or other occupant under an ATA Airline Sublease.
"ATA Permitted O&M Expenses" means those items of Permitted O&M Expenses and other expenses set forth in Schedule 1-1, and any other
amounts specified in this Agreement to constitute or be payable as ATA Permitted O&M Expenses.
"ATA Permitted Remediation Costs" means those costs for Remediation (without duplication for Assumed Environmental Damages) at Terminal 4
(or because of Hazardous Substances originating from Terminal 4) that must be performed because of Environmental Requirements, are not incurred because
of, or in connection with, the construction of the Phase I IAT Project, and: (i) are not recoverable directly from a Sublessee through such Sublessee's
indemnification obligations to IAT, and (ii) are not already included in Delta Rent as an ATA Permitted O&M Expense.
"Baggage System" means and includes all systems, facilities, fixtures and equipment necessary or appropriate for moving passengers' baggage and/or
personal property in and around Terminal 4.
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