Delta Airlines 2010 Annual Report Download - page 150

(d) Without limiting Delta's obligations expressly stated herein, Delta shall be bound by, subject to, and obligated to comply with, and perform, all of
the terms and provisions of the Port/IAT Lease as the same relate to Delta's performance of its obligations and exercise of its rights under this Agreement,
including Delta's construction of the Phase I IAT Project, Delta's occupancy and use of Terminal 4 (including the Delta Premises or portions thereof) and
Delta's operations and activities at the Airport in, on or from Terminal 4 (including the Delta Premises), as if Delta were the lessee under the Port/IAT
Lease, including the obligations of the lessee under the Port/IAT Lease with respect to compliance with applicable Law, compliance with Port Authority
Rules and Regulations, the conduct of prohibited activities and operations, rights of entry and non-discrimination, it being understood that, (i) Delta shall
have no obligation to pay any rental, additional rental (including any acceleration of the principal of or interest on the Bonds), fees, charges or payments
required to be paid by IAT under the Port/IAT Lease, except for Delta's share thereof to be paid by Delta to IAT as expressly provided in this Agreement;
(ii) other than as expressly provided in Section 21.04 (regarding insurance carried by Delta) or in Section 24.01 (regarding indemnification obligations of
Delta), Delta shall have no obligation to perform any work, labor or services with respect to any restoration after any damage, destruction or
condemnation; (iii) other than with respect to the payment of Rent and as provided in Section 36.03 (regarding attornment obligations by Delta), Delta
shall have no obligation to make any payments to be made or perform any obligations to be performed by IAT under the Port/IAT Lease; (iv) other than in
respect of the payment of Rent, as provided in Section 36.03 (regarding attornment obligations by Delta), and in respect to completion of the Phase I IAT
Project pursuant to Article 6, Delta shall have no obligation or liability under the Port/IAT Lease for any failure of IAT to pay or perform any of its
obligations under the Port/IAT Lease or for any other act or omission of, or undertaking by, IAT or any other Person, or for any financial or other
consequences arising therefrom to the extent that such failure or non-performance by IAT is not due to the failure or non-performance by Delta of any of
its obligations hereunder; and (v) other than as expressly provided in Article 34 and in connection with payment of Delta's Share of ATA Permitted
Remediation Costs pursuant to Section 5.01(f), Section 7.05, Section 34.01 and Section 34.04(d), Delta shall have no other environmental obligations or
liabilities under the Port/IAT Lease.
(e) The Port Authority shall have the right, throughout the Term, as a third-party beneficiary to enforce directly against Delta the obligations of Delta
under this Agreement with respect to any part of Terminal 4.
(f) Delta shall indemnify and hold harmless the Port Authority, the City and the Trustee[s] and their respective commissioners (if any), directors,
officers, employees, agents and representatives, as third-party beneficiaries under this Agreement, from and against (and shall reimburse the Port
Authority, the City and the Trustee[s] for their respective costs and expenses, including legal expenses incurred in connection with the defense of) all
claims and demands (including claims and demands in respect of death, personal injury or property damage) arising out of the use or occupancy of the
Delta Premises by Delta, or by others with Delta's consent, or out of any other acts or omissions of Delta, its officers, representatives, agents, contractors
and employees on the Delta Premises or elsewhere at the Airport, and its guests, invitees and its business visitors on the Delta Premises, or out of the acts
or omissions of others on the Delta Premises with Delta's consent, including claims and demands of the City
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